Flawed ToS

[Kati2]

Because I care about certain staff members, members of the community, and osbot as a whole, I feel some things in the ToS should be pointed out.

 

OSBot is an established Dutch company, meaning the terms of service on this site not only are subject to jurisdiction of where the dedicated server is located, but also the rules and regulations as set by Dutch law.

 

I'll start from the beginning. The ToS is severely outdated. 

The images and information contained in our website are copyright woeks and our exlusive property. The content of this website may in no case be copied, reproduced, transmitted, distributed or displayed by any means unless done with the sole intention and purpose of personal use only or our formal written consent. 

Contrary to the believe of the ToS, all of the information and images posted on the website are not rightfully OSBot's. This is the exact opposite of what the Dutch law allows.

We hold the right at any time, and without prior notice, to stop to supply any of our products or services provided by us and we will be in no way liable to you in any way if we decide to stop such supply. 

That is quite untrue. OSBot does not hold the right to stop supply if it is guaranteed to you upon purchase, even with an agreement. The statement is considered an unreasonable request.

Your use of the forum is governed by the forum Terms and Conditions which are agreed upon registration and can be found through a link in the footer.

There is no ToS link in the /forum/ footer.

 

A very severe issue relates to scripts. Scripters, there was never any stable contract signing over your intellectual property rights (which, according to Dutch laws, are directly given and bound to any work you create individually) for the scripts OSBot is selling. As far as I'm concerned, your scripts are being sold without consent. If you'd like to argue that point, show me the contract containing your signature agreeing to waiver your rights. 

 

Feel free to criticize as I love criticism.

 

Thank you, and please make the ToS more clear.

 

[Kittens]

lol thanks for pointing it out Kati doubt itll be fixed anytime soon though lol

[Lee]

KT2RAW looking out for her fellow osbotians

[Gildarts]

I have a new ToS that I wrote up, that is waiting to be implemented. Will edit and throw in spoiler in a moment.

 

Terms of Service
 

By clicking "I accept" at the bottom of this page, you hereby agree to the following terms:

OSBot.org, its administrators, beneficiaries, owners, and/or users can not and will not be held liable for any legal and/or financial claim.
OSBot.org reserves the right to suspend access to any and all of its services offered at any given time without the need to supply reason.
OSBot.org does not require payment, any and all payments and/or financial support is the sole decision of the user, and will be considered a donation.
All donations are final, and will not be disputed. No refunds will be given regardless of situation or reason for said refund.

You are not currently registered, subscribed, or in any way take part in any product, website, or otherwise available service produced, sold, or made available by Jagex, its subdivisions, administrators, employees, beneficiaries, or any subdomains, and therefore are not subject to their terms of service.

You are over the age of eightteen (18) years and are a legal adult.
OSBot.org will cooperate with authorities to prosecute any and all illegal activities conducted on the OSBot.org domain, subdomain, as well as any illegal activity conducted using any product or service provided by OSBot.org.

RuneScape® and RS® are trademarks of Jagex © 1999 - 2013 Jagex, Ltd.
OSBot.org (OSBot) is not affiliated with Jagex. Subject to Terms and Conditions. All rights reserved.

 

I accept

Decline

 

Throwing in a bunch of different conditions is unnecessary, and this is a rough draft of course.

Open to edits and suggestions for anyone well versed in law.

[Kati2]

I have a new ToS that I wrote up, that is waiting to be implemented. Will edit and throw in spoiler in a moment.

 

Terms of Service

 

By clicking "I accept" at the bottom of this page, you hereby agree to the following terms:

OSBot.org, its administrators, beneficiaries, owners, and/or users can not and will not be held liable for any legal and/or financial claim.

OSBot.org reserves the right to suspend access to any and all of its services offered at any given time without the need to supply reason.

OSBot.org does not require payment, any and all payments and/or financial support is the sole decision of the user, and will be considered a donation.

All donations are final, and will not be disputed. No refunds will be given regardless of situation or reason for said refund.

You are not currently registered, subscribed, or in any way take part in any product, website, or otherwise available service produced, sold, or made available by Jagex, its subdivisions, administrators, employees, beneficiaries, or any subdomains, and therefore are not subject to their terms of service.

You are over the age of eightteen (18) years and are a legal adult.

OSBot.org will cooperate with authorities to prosecute any and all illegal activities conducted on the OSBot.org domain, subdomain, as well as any illegal activity conducted using any product or service provided by OSBot.org.

RuneScape® and RS® are trademarks of Jagex © 1999 - 2013 Jagex, Ltd.

OSBot.org (OSBot) is not affiliated with Jagex. Subject to Terms and Conditions. All rights reserved.

 

I accept

Decline

 

If you didn't write them in accordance to the Dutch laws, better get to re-writing...

 

 

 

 

OSBot.org, its administrators, beneficiaries, owners, and/or users can not and will not be held liable for any legal and/or financial claim.

 

In reference to absurd requests, this is illegal.

Edited September 10, 2013 by Kati

[Kittens]

 

I have a new ToS that I wrote up, that is waiting to be implemented. Will edit and throw in spoiler in a moment.

 

Terms of Service

 

By clicking "I accept" at the bottom of this page, you hereby agree to the following terms:

OSBot.org, its administrators, beneficiaries, owners, and/or users can not and will not be held liable for any legal and/or financial claim.

OSBot.org reserves the right to suspend access to any and all of its services offered at any given time without the need to supply reason.

OSBot.org does not require payment, any and all payments and/or financial support is the sole decision of the user, and will be considered a donation.

All donations are final, and will not be disputed. No refunds will be given regardless of situation or reason for said refund.

You are not currently registered, subscribed, or in any way take part in any product, website, or otherwise available service produced, sold, or made available by Jagex, its subdivisions, administrators, employees, beneficiaries, or any subdomains, and therefore are not subject to their terms of service.

You are over the age of eightteen (18) years and are a legal adult.

OSBot.org will cooperate with authorities to prosecute any and all illegal activities conducted on the OSBot.org domain, subdomain, as well as any illegal activity conducted using any product or service provided by OSBot.org.

RuneScape® and RS® are trademarks of Jagex © 1999 - 2013 Jagex, Ltd.

OSBot.org (OSBot) is not affiliated with Jagex. Subject to Terms and Conditions. All rights reserved.

 

I accept

Decline

 

If you didn't write them in accordance to the Dutch laws, better get to re-writing...

 

 

 

 

OSBot.org, its administrators, beneficiaries, owners, and/or users can not and will not be held liable for any legal and/or financial claim.

 

In reference to absurd requests, this is illegal.

 

 

 

oh snap #catpower 

[BawsZ]

smart mudafk's

nice 

very well written

smart

[Gildarts]

 

OSBot.org, its administrators, beneficiaries, owners, and/or users can not and will not be held liable for any legal and/or financial claim.

 

In reference to absurd requests, this is illegal.

 

 

 

Thanks for that. Will fix in a few minutes and edit this post with the updated version.

Terms of Service

"You" and "Your" refers to the user of the OSBot (http://osbot.org) website and software.

"We", "Us", and "Our" refers to OSBot.org, its administrators, and owners.

By clicking "I accept" at the bottom of this page, you hereby agree to the following terms:

OSBot.org reserves the right to suspend access to any and all of its services offered at any given time without the need to supply reason.

OSBot.org does not require payment, any and all payments and/or financial support is the sole decision of the user, and will be considered a donation.

All donations are final, and will not be disputed. No refunds will be given regardless of situation or reason for said refund.

All software products produced and distributed by us are subject to a Software License and Terms and Conditions.

We expect you to save a copy of the Software License and Terms and Conditions for each product you use.

If OSBot.org, its administrators, beneficiaries, owners, and/or users are to be held liable for any legal and/or financial claim

1. Jurisdiction and law

The products and services provided by our website are available to residents throughout the world, unless specified otherwise. The information contained in this website may not satisfy the laws of of other countries. When accessing this website from other countries you are responsible for compliance with local laws if they apply. We are not liable, in any event, for any result of breaching laws and rules of your country which laws are in opposition to the content of our website. We will cooperate with authorities to prosecute any and all illegal activities conducted on the OSBot.org domain, subdomain, as well as any illegal activity conducted using any product or service provided by us.

2. Any affiliation with Jagex is prohibited

You are not currently registered, subscribed, or in any way take part in any product, website, or otherwise available service produced, sold, or made available by Jagex, its subdivisions, administrators, employees, beneficiaries, or any subdomains, and therefore are not subject to their terms of service.

3. OSBot.org may not be used by minors under the age of 18

You are over the age of eightteen (18) years and are a legal adult.

4. Copyright infringement notification

If you are a copyright owner or an agent of a copyright owner and believe that any user content or other content that is being made available on or through this website website infringes your copyright, you may send a written notice of copyright infringement (“Noticeâ€) to our Copyright Agent via email or by post with the following information:

- A statement that you have identified material on this website which infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;

- A description of the copyrighted work that you claim has been infringed;

- A description specifying material you claim is infringing and the location of the material on this website (including, for example, a URL and/or screen shot);

- Your full name, telephone number and email address on which you can be contacted;

- A statement that you have a good faith belief that the disputed use of the material is not authorised by the copyright owner, its agent, or by law;

- A statement that the information in the Notice is accurate and that you are authorised to act on behalf of the owner ofthe exclusive right that is allegedly infringed; and

- An electronic or physical signature (which may be a scanned copy) of a person authorised to act on behalf of the owner of the work that is allegedly infringed.

If you believe that material located on or linked to by OSBot.org violates your copyright, you are encouraged to notify Automattic in accordance with Automattic’s Digital Millennium Copyright Act (“DMCA”) Policy.

RuneScape® and RS® are trademarks of Jagex © 1999 - 2013 Jagex, Ltd.

OSBot.org (OSBot) is not affiliated with Jagex. Subject to Terms and Conditions. All rights reserved.

Added a few conditions, scratch what I said earlier.

Receptive to feedback and improvements to this!

 

In terms of Dutch laws, a Dutch member will have to help me with that. It should be fixed relatively soon and updated, though.

 

[Kati2]

 

 

OSBot.org, its administrators, beneficiaries, owners, and/or users can not and will not be held liable for any legal and/or financial claim.

 

In reference to absurd requests, this is illegal.

 

 

 

Thanks for that. Will fix in a few minutes and edit this post with the updated version.

 

In terms of Dutch laws, a Dutch member will have to help me with that. It should be fixed relatively soon and updated, though.

 

 

 

Depending on what you're looking for, this can be useful for terms of privacy and rights: http://wetten.overheid.nl/BWBR0011468/geldigheidsdatum_10-09-2013

[BotRS123]

Now we wait for the admins to come back and change it if they want it to changed. 

[TheGhast]

Love this... good to know there's protection somewhere 

 

I like Sherlock's terms, and when the one illegal piece gets fixed, it'll be even better!

[Levi]

Sounds good, if I had any experience with these issues I'd definitely attempt to help out, however I do not. I'm sure you two will correctly redo the ToS.

[Fringie]

I can't criticize the OP, this is very true.

There is actually a lot of things which have been left out (i.e. you can get refunds within seven days if you don't use the 'service' [scripts, vouchers {vouchers that haven't been redeemed yet} etc which I have seen people denied] within seven days, osbot must state how they protect your details [fake details in most peoples cases on this site lel], you actually need contact details and so on [feel free to look it up, these are just some of the EU ones I can think of the top of my head]) but what do you expect with the recent half assed attitude by the devs in respects to issues like this.

 

 + lul at sherlocks attempt at a tos that would have attempted to deny a basic right if it would have been legal to do so.

 

When I joined I was really impressed by Osbot but now it's falling down the shitter quite simply. In all honesty I wouldn't be surprised if osbot just got offshore hosting.. Assuming Rs07 doesn't die for a while who do you think people will bot with when other bots will have caught up with osbot (remember improvements cannot continue at a linear rate, eventually other bots won't be far behind etc); right now the only two things osbot has got going is a great bot and free use (paying members could just switch over ofc). From a financial and moral stand point the Admins are going about this all wrong unless they (cba explaining this + they aren't due to - [which I also cba explaining since I'm not explaining the original point]) -. 

 

Badly structured post, but yolo. The value of effort that I actually put into wording this post doesn't actually represent the value of information in this post so you should make an effort to understand the post despite it's curious/odd/bad (etc) sentence structure/terminology (etc).

[Superman]

I have a new ToS that I wrote up, that is waiting to be implemented. Will edit and throw in spoiler in a moment.

Terms of Service

By clicking "I accept" at the bottom of this page, you hereby agree to the following terms:

OSBot.org, its administrators, beneficiaries, owners, and/or users can not and will not be held liable for any legal and/or financial claim.

OSBot.org reserves the right to suspend access to any and all of its services offered at any given time without the need to supply reason.

OSBot.org does not require payment, any and all payments and/or financial support is the sole decision of the user, and will be considered a donation.

All donations are final, and will not be disputed. No refunds will be given regardless of situation or reason for said refund.

You are not currently registered, subscribed, or in any way take part in any product, website, or otherwise available service produced, sold, or made available by Jagex, its subdivisions, administrators, employees, beneficiaries, or any subdomains, and therefore are not subject to their terms of service.

You are over the age of eightteen (18) years and are a legal adult.

OSBot.org will cooperate with authorities to prosecute any and all illegal activities conducted on the OSBot.org domain, subdomain, as well as any illegal activity conducted using any product or service provided by OSBot.org.

RuneScape® and RS® are trademarks of Jagex © 1999 - 2013 Jagex, Ltd.

OSBot.org (OSBot) is not affiliated with Jagex. Subject to Terms and Conditions. All rights reserved.

I accept

Decline

Throwing in a bunch of different conditions is unnecessary, and this is a rough draft of course.

Open to edits and suggestions for anyone well versed in law.

Great except the part were it says you are not subscribed or registered to Jagex or any of their products, blah blah blah. Anyway I'm sure we all have runescape membership, so a botting website were you cant buy membership doesnt make sense.

[lolmanden]

Kati seems to be the most intelligent person in OSBot, lol.

 

Anyways, I support.