Naughty America offers "amnesty"?

[miz_wright]

Originally Posted by pornlaw

I would tell any affiliate to check the TOS they agreed to when they signed up with NA. That contract will govern their use of the NA trademark.

NA may or may not be able to do this... it all depends on that agreement.

Most every TOS I've ever seen contains the language: "We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion."

[MRock]

Originally Posted by LizAEBN

Most every TOS I've ever seen contains the language: "We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion."

That would be the "Big Cheese" clause. I make the cheese, I say who and how they eat it ...

[pornlaw]

Originally Posted by LizAEBN

Most every TOS I've ever seen contains the language: "We may modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion."

Just because you put it in a contract doesnt make it so. I can make a contract and you can sign it that says you're my slave. However the Thirteenth Amendment says differently.

Many contracts are "ruled" by the UCC - http://en.wikipedia.org/wiki/Uniform_Commercial_Code

Not saying your wrong, just saying that a contract isnt a contract if one party can alter the terms at will... and your example is usually only valid prospectively.

[Far-L]

Originally Posted by pornlaw

Just because you put it in a contract doesnt make it so. I can make a contract and you can sign it that says you're my slave. However the Thirteenth Amendment says differently.

Many contracts are "ruled" by the UCC - http://en.wikipedia.org/wiki/Uniform_Commercial_Code

Not saying your wrong, just saying that a contract isnt a contract if one party can alter the terms at will... and your example is usually only valid prospectively.

We actually had a very expensive lesson in this particular clause. And while I agree and a any of the attorneys I spoke with agree with what your are saying - how a judge, or an abitrator might interpret it on any given day is completely another matter entirely.