Ride the Lightning

Cybersecurity and Future of Law Practice Blog
by Sharon D. Nelson Esq., President of Sensei Enterprises, Inc.

If You Don't Read the Terms of Service, You Could Sell Your Soul

August 19, 2014

While this is an old story, it is somehow one that I missed. Thanks to Dave Ries for sending it along.

We know we're spitting into the wind when we tell audiences to read the terms and conditions of what they purchase or the applications they install. They want what they want and they want it now. Click, click, click – no reading involved.

So it might give some people pause that British computer game retailer GameStation revealed in 2010 that it legally owned the souls of thousands of online shoppers, thanks to a clause in its terms and conditions.

The clause read: "By placing an order via this Web site on the first day of the fourth month of the year 2010 Anno Domini, you agree to grant Us a non transferable option to claim, for now and for ever more, your immortal soul. Should We wish to exercise this option, you agree to surrender your immortal soul, and any claim you may have on it, within 5 (five) working days of receiving written notification from gamestation.co.uk or one of its duly authorised minions."

The agreement went on to say "we reserve the right to serve such notice in 6 (six) foot high letters of fire, however we can accept no liability for any loss or damage caused by such an act. If you a) do not believe you have an immortal soul, b) have already given it to another party, or c) do not wish to grant Us such a license, please click the link below to nullify this sub-clause and proceed with your transaction."

Yes, it was an April Fool's day gag. But did purchasers click on the link to nullify the sub-clause? Very few did so.

The non-readers apparently made out ok as the company let them know it would be nullifying any claim on their soul. But it is a good cautionary tale for those of you who never read the terms and conditions. Watch for those six foot high letters of fire . . .

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