I am trying to gather some information about the legality of Discourse’s default TOS that ships with all instances. I was talking about it with someone and they said that all TOSes can be defeated in court and are not binding contracts. While I figure no one on here is a lawyer, I suspect perhaps some here have had situations in the past that are related. Trying to get some truth to these statements.
It’s not about defeat, it is about
The idea is to be “covered” for some value of covered. That’s why insurance is a trillion dollar industry.
I guess I should re-phrase. Is it worth to have a TOS? Or is it just “legal fluff” as someone told me and that a good set of rules is all that is needed? I understand the idea of being covered, but can it be used when someone wants to go against it?
I’m playing devil’s advocate here. I agree with what you’re saying but there’s another loud voice saying otherwise.
Who knows? It’s your site and it is up to you. There is plenty of legal precedent out there for TOS though.
That’s all I wanted to know.
Even if it didn’t hold up in trial, not having one could be taken to indicate a lack of “due diligence” (i.e. made your best attempt) and you would be worse of.
Sounds like it’s time for you to hire a lawyer.
That too, in due time.