jeremydean
commented
9 years ago i'm not certain the "entering into a contract" point is the issue here.
it's primarily because of COPA that services (like Genius, FB, etc.) generally stay above 13 (and specifically say so in statements like these):
i'm fine with your proposed language.
but this is really a question for lawyers.
ᐧ
On Mon, May 18, 2015 at 4:42 PM, Dan Whaley notifications@github.com wrote:
For reference, @jeremydean https://github.com/jeremydean has suggested this language so that classrooms can legally use the tool. (He's pointed out another TOS example for a similar service here: http://genius.com/Rap-genius-terms-of-use-lyrics) My vote would be something a bit simpler, in the style of our existing language.
Replace:
"You should be old enough to do so legally. In the US, that age is 18, or 13 if you have consent of a guardian, elsewhere you should follow local laws”
With:
"This service is intended to be used by those who are 13 years of age or older. By using the service, you represent that you are 13 years of age or older."
The thing that strikes me however is that minors can’t enter into legal agreements as far as I know, and so any agreement, implicit or otherwise that a minor would enter in to would be null anyway.
http://www.nolo.com/legal-encyclopedia/lack-capacity-to-contract-32647.html
The rationale for including the language I suppose is that if we find a minor is using and abusing the service, then we could terminate the account for violation of the age restriction. However, we could also just terminate for violating community guidelines.
An option is just to strike this language altogether.
However, I’d also be fine changing it to the above.
— Reply to this email directly or view it on GitHub https://github.com/hypothesis/agreements/pull/1#issuecomment-103204517.
Dr. Jeremy Dean Director of Education
nickstenning
For reference, @jeremydean has suggested this language so that classrooms can legally use the tool. (He's pointed out another TOS example for a similar service here: http://genius.com/Rap-genius-terms-of-use-lyrics) My vote would be something a bit simpler, in the style of our existing language.
Replace:
"You should be old enough to do so legally. In the US, that age is 18, or 13 if you have consent of a guardian, elsewhere you should follow local laws”
With:
"This service is intended to be used by those who are 13 years of age or older. By using the service, you represent that you are 13 years of age or older."
The thing that strikes me however is that minors can’t enter into legal agreements as far as I know, and so any agreement, implicit or otherwise that a minor would enter in to would be null anyway.
http://www.nolo.com/legal-encyclopedia/lack-capacity-to-contract-32647.html
The rationale for including the language I suppose is that if we find a minor is using and abusing the service, then we could terminate the account for violation of the age restriction. However, we could also just terminate for violating community guidelines.
An option is just to strike this language altogether.
However, I’d also be fine changing it to the above.