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Your Recent User Agreement Update
Summary: La discusión aborda una reciente actualización del acuerdo de usuario, pero su contenido es nulo y no se han proporcionado detalles adicionales. Los participantes monroe67 y inceptions responden, pero también sin contenido sustancial. El tema permanece sin discusión.
UNIVERSAL COUNTER-TERMS
(A formal demonstration of the absurdity of unilateral digital contracts)
To Whom It May Concern,
This notice serves as a declaration of the terms under which I will continue to use your service. I recognize that your platform claims the right to impose unilateral terms upon users, to modify those terms at will, and to treat continued use as consent. In the spirit of mutuality — and to highlight the inherent imbalance of such arrangements — I hereby adopt the same structure.
You are not required to respond. Your continued provision of service constitutes your acceptance of the terms below.
1. Superseding Terms
These terms supersede any conflicting provisions in your Terms of Service, Privacy Policy, or related documents. By continuing to provide me access to your platform, you acknowledge that these terms govern our relationship.
This mirrors the same mechanism you use when updating your policies and treating my continued use as acceptance.
2. Ownership of Data
I retain exclusive ownership of all data you collect, generate, infer, analyze, or store in connection with my use of your service. This includes:
behavioral data
usage data
location data
preference data
metadata
derivative analytics
You may use this data only with my permission, which I may revoke at any time, with or without cause.
This clause reflects the same sweeping claims your policies make over my data — except inverted.
3. Restrictions on Monetization
If you sell, license, share, or otherwise profit from my data, directly or indirectly, I am entitled to 50% of all revenue derived from such use.
This mirrors the logic that my data is a resource — except I am asserting ownership of the resource I produce.
4. Liability for Harm
If your handling, storage, disclosure, or monetization of my data causes me any personal, financial, reputational, or emotional harm, you accept full responsibility for restitution, including financial compensation.
This clause reflects the real-world consequences of data misuse, which your policies typically disclaim.
5. Agreement Through Continued Service
You are not required to reply. However, your continued operation of my account constitutes your acceptance of these terms, just as my continued use is treated as acceptance of yours.
This is the core demonstration: the asymmetry of consent.
6. Waiver of Dispute Rights
By continuing to provide service, you waive the right to dispute, challenge, or litigate these terms in any court or legal forum.
This mirrors the arbitration and waiver clauses commonly imposed on users.
7. Purpose of This Notice
This notice is not merely contractual. It is a statement of principle:
That consent must be mutual.
That rights should not be surrendered for convenience.
That digital participation should not require forfeiture of autonomy.
That unilateral contracts are inherently unbalanced.
By sending this notice, I am documenting my refusal to silently accept terms that no reasonable person would knowingly agree to if given a genuine choice.
Sincerely,
A User
inceptions
Mentor4 months agoHi @jmseeker
Good try.
By sending this notice, I am documenting my refusal to silently accept terms that no reasonable person would knowingly agree to if given a genuine choice.
But you ARE given a choice. If you don't agree to eBay's user agreement, then you are instructed to close your account. You wouldn't want to accidentally accept the agreement by using eBay's services.
https://www.ebay.com/help/account/changing-account-settings/closing-account?id=4199&st=3&pos=2&query=Closing%20your%20account&intent=close%20account&lucenceai=lucenceai&docId=HELP1078
There are millions and millions of reasonable eBay users who understand that most major platforms have user agreements that work in a similar way. If you use eBay services, you automatically agree to their terms of use. If you don't agree, then don't use the site.
eBay isn't using your services, they are selling ad space and tools to facilitate sales. They don't "operate" your account, you do. They don't need to sign or acknowledge your "user agreement" as it's meaningless (though perhaps it was a fun exercise for you). eBay is not your customer.
monroe67
Mentor4 months agoVery clever.
Not valid in any court of law or non-judicial arbitration or mediation.
But you already know that.
BTW, "consent" to the User Agreement is mutual.
eBay, Inc., owns this digital site. eBay, Inc., sets the rules and regulations.
If you do not like any of the revised rules or regulations, you may discontinue your participation with eBay.
eBay is not going to chase you down and beg you to continue selling and/or buying on eBay.
Happy Trails to You.