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explain how they don't apply?
what base do you have for this?

This is personal data.

Full name (if not common)
Home address
Email address (if private from an association/club membership, etc.)
National identification number
Passport number
IP address (in some cases)
Vehicle registration plate number
Driver's license number
Face, fingerprints, or handwriting
Credit card numbers
Digital identity
Date of birth
Birthplace
Genetic information
Telephone number
Login name, screen name, nickname, or handle
The following are less often used to distinguish individual identity, because they are traits shared by many people. However, they are potentially PII, because they may be combined with other personal information to identify an individual.

First or last name, if common
Country, state, postcode or city of residence
Age, especially if non-specific
Gender or race
Name of the school they attend or workplace
Grades, salary, or job position
Criminal record
Web cookie[9]
When a person wishes to remain anonymous, descriptions of them will often employ several of the above, such as "a 34-year-old white male who works at Target". Note that information can still be private, in the sense that a person may not wish for it to become publicly known, without being personally identifiable. Moreover, sometimes multiple pieces of information, none sufficient by itself to uniquely identify an individual, may uniquely identify a person when combined; this is one reason that multiple pieces of evidence are usually presented at criminal trials. It has been shown that, in 1990, 87% of the population of the United States could be uniquely identified by gender, ZIP code, and full date of birth.[10]

What would "reason for banning a WoW account" be classified as?

From the PDF:

2.1.1. Main aspects of the concept of personal data
Under EU*law as well as under CoE*law, ‘personal data’ are defined as information
relating to an identified or identifiable natural person,47 that is, information about
a person whose identity is either manifestly clear or can at least be established by
obtaining additional information.

They weren't gathering information about your identity.

EU*data protection law does not, in general, cover the protection of legal persons
with regard to the data processing that concerns them. The national regulators are
free to regulate on that subject.52

Hmm..

Identifiability of a person
Under EU*law as well as under CoE*law, information contains data about a person if:
• an individual is identified in this information; or
• if an individual, while not identified, is described in this information in a way
which makes it possible to find out who the data subject is by conducting further
research.
Both types of information are protected in the same manner under European data
protection law. The ECtHR has repeatedly stated that the notion of ‘personal data’
under the ECHR is the same as in Convention*108, especially concerning the condition
of relating to identified or identifiable persons.55
The legal definitions of personal data do not further clarify w . hen a person is considered
to be identified.56 Evidently identification requires elements which describe
a person in such a way that he or she is distinguishable from all other persons and
recognisable as an individual. A person’s name is a prime example of such elements
of description. In exceptional cases, other identifiers can have a similar effect to a
name. For instance, for public figures it may be enough to refer to the position of the
person, such as President of the European Commission/

They collected information about your account, nothing about you

EVEN IF IT WAS SOMEHOW CONSIDERED PERSONAL INFORMATION:

2.4.1. The elements of valid consent
EU*law sets out three elements for consent to be valid, which aim to guarantee that
data subjects truly meant to agree to the use of their data:
• the data subject must have been under no pressure when consenting;
• the data subject must have been duly informed about the object and consequences
of consenting; and
• the scope of consent must be reasonably concrete.
Only if all of these requirements are fulfilled will consent be valid in the sense of the
data protection law.

Blizzard ToU

Acknowledgments.

You hereby acknowledge and agree that:

A. WHEN RUNNING, THE GAME MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH WORLD OF WARCRAFT. AN “UNAUTHORIZED THIRD PARTY PROGRAM” AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE THAT, WHEN USED SIMULTANEOUSLY OR IN CONNECTION WITH THE GAME, WOULD CONSTITUTE A VIOLATION OF SECTIONS 1, 2 OR 7. IN THE EVENT THAT THE GAME DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, BLIZZARD MAY (a) COMMUNICATE INFORMATION BACK TO BLIZZARD, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY BLIZZARD AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

B. WHEN THE GAME IS RUNNING, BLIZZARD MAY OBTAIN CERTAIN IDENTIFICATION INFORMATION ABOUT YOUR COMPUTER, INCLUDING WITHOUT LIMITATION YOUR HARD DRIVES, CENTRAL PROCESSING UNIT, IP ADDRESS(ES) AND OPERATING SYSTEM(S), FOR PURPOSES OF IMPROVING THE GAME AND/OR THE SERVICE, AND TO POLICE AND ENFORCE THE PROVISIONS OF ANY BLIZZARD AGREEMENT.

C. Blizzard may, with or without notice to you, disclose your Internet Protocol (IP) address(es), personal information, chat logs, and other information about you and your activities: (a) in response to a request by law enforcement, a court order or other legal process; or (b) if Blizzard believes that doing so may protect your safety or the safety of others.

D. BLIZZARD MAY MONITOR, RECORD, REVIEW, MODIFY AND/OR DISCLOSE YOUR CHAT SESSIONS, WHETHER VOICE OR TEXT, WITHOUT NOTICE TO YOU, AND YOU HEREBY CONSENT TO SUCH MONITORING, RECORDING, REVIEW, MODIFICATION AND/OR DISCLOSURE. Additionally, you acknowledge that Blizzard is under no obligation to monitor your electronic communications, and you engage in those communications at your own risk.

E. You are wholly responsible for the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to the Servers.

EU

XVI. Acknowledgements. You hereby acknowledge that:

1. DURING YOUR REGISTRATION FOR THE BATTLE.NET SERVICE YOU GRANT YOUR CONSENT TO THE FOLLOWING: WHEN RUNNING, THE WORLD OF WARCRAFT CLIENT MAY MONITOR YOUR COMPUTER'S RANDOM ACCESS MEMORY (RAM) AND/OR CPU PROCESSES FOR UNAUTHORIZED THIRD PARTY PROGRAMS RUNNING CONCURRENTLY WITH WORLD OF WARCRAFT. AN "UNAUTHORIZED THIRD PARTY PROGRAM" AS USED HEREIN SHALL BE DEFINED AS ANY THIRD PARTY SOFTWARE, INCLUDING WITHOUT LIMITATION ANY "ADDON" OR "MOD," THAT IN BLIZZARD ENTERTAINMENT'S SOLE DETERMINATION: (1) ENABLES OR FACILITATES CHEATING OF ANY TYPE; (2) ALLOWS USERS TO MODIFY OR HACK THE WORLD OF WARCRAFT INTERFACE, ENVIRONMENT, AND/OR EXPERIENCE IN ANY WAY NOT EXPRESSLY AUTHORIZED BY BLIZZARD ENTERTAINMENT; OR (3) INTERCEPTS, "MINES," OR OTHERWISE COLLECTS INFORMATION FROM OR THROUGH WORLD OF WARCRAFT; (4) IN THE EVENT THAT WORLD OF WARCRAFT DETECTS AN UNAUTHORIZED THIRD PARTY PROGRAM, BLIZZARD ENTERTAINMENT MAY (a) COMMUNICATE INFORMATION BACK TO BLIZZARD ENTERTAINMENT, INCLUDING WITHOUT LIMITATION THE ACCOUNT NAME, DETAILS ABOUT THE UNAUTHORIZED THIRD PARTY PROGRAM DETECTED, AND THE TIME AND DATE THE UNAUTHORIZED THIRD PARTY PROGRAM WAS DETECTED; AND/OR (b) EXERCISE ANY OR ALL OF ITS RIGHTS UNDER ANY BLIZZARD AGREEMENT, WITH OR WITHOUT PRIOR NOTICE TO THE USER.

2. You assume the cost of all telephone and Internet access charges along with all necessary equipment, servicing, repair or correction incurred in maintaining connectivity to World of Warcraft's servers.

3. Blizzard Entertainment has the right to obtain certain identification information about your computer and its operating system, including the identification numbers of your hard drives, central processing unit, IP addresses and operating systems, for identification purposes without any further notice to you.

4. Blizzard Entertainment has the right to obtain "non-personal" data from your connection to World of Warcraft in order to make certain demographic assumptions regarding the users of World of Warcraft without any further notice to you.

5. In order to assist Blizzard Entertainment to police users who may use "hacks," or "cheats" to gain an advantage over other players, you acknowledge that Blizzard Entertainment shall have the right to obtain certain information from your computer and its component parts, including your computer's random access memory, video card, central processing unit, and storage devices. This information will only be used for the purpose of identifying "cheaters," and for no other reason.

6. BLIZZARD ENTERTAINMENT DOES NOT WARRANT THAT WORLD OF WARCRAFT WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT WORLD OF WARCRAFT OR THE SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Blizzard Entertainment expressly notifies you that it is not possible to develop complex software products that are completely free of technical defects. The contractually-specified characteristics of the software and the service to be provided by Blizzard Entertainment does not require that the software be completely free of programming errors but merely that the software be free of programming errors that materially impair its use.

7. The use of any "user interface" other than the user interface that is included in the World of Warcraft Software ("Third Party User Interface") is not recommended by Blizzard Entertainment, and you hereby agree to indemnify and hold harmless Blizzard Entertainment from all claims, damages, and other losses which may arise from your use of a Third Party User Interface. At such time that Blizzard elects to post a list of approved Third-Party User Interfaces on its website, you agree that you will use only those Third-Party User Interfaces approved by Blizzard, and that you will use no other Third-Party User Interfaces in connection with World of Warcraft.

8. You may not be able to access World of Warcraft whenever you want, and there may be extended periods of time where you cannot access World of Warcraft.

9. Blizzard Entertainment shall not be held liable for any delay or failure to perform under any circumstances resulting from causes outside the reasonable control of Blizzard Entertainment; including without limitation any failure to perform hereunder due to unforeseen circumstances or cause beyond Blizzard Entertainment's control such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, energy, labor or materials.

10. World of Warcraft requires the creation and retention of electronic files, including without limitation player characters, accounts, statistics, user profiles, weapons, armor, quests, loot, etc. ("Game Data"), which are stored by Blizzard Entertainment (for the avoidance of doubt, data concerning the players' use of the Voice Client is not stored). Keeping Game Data safe is a priority of Blizzard Entertainment. Blizzard Entertainment will use reasonable efforts to restore the Game Data, unless you negligently or intentionally caused the loss of the Game Data.

11. If and as far as necessary to operate the Service in accordance with the terms contained herein, in particular to keep a balanced and enjoyable gaming experience for all players Blizzard Entertainment reserves the right to modify or delete Game Data.

By agreeing to the ToS, you gave them valid consent. This gives them the right to scan your computer.
 
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Are you guys all sending cease and desist letters to McAfee, AVG, Microsoft, Norton etc. etc. etc. for scanning the running process on your PCs as well?
 
I might be wrong but at this point don't they scan your cache to see what all has been run? my understanding is that my personal data from like my bank if I use online banking is stored in my cache as well. If that is the case, let me know if I am wrong, that when cache is scanned they can get into this. I know that in this case they would have to let the consumer know what all was scanned and if any of that info might have been this scan. Is there a way to only look for Wow and maybe a honorbuddy file in said Cache? I have done some looking and I am going off I have read.
If what I think I understand is right then the issue if they used a blanket scan that in turn would be covered due to they would have pull all the info and what used something like a ctrl f to find what they were looking for? just wondering.
 
By agreeing to the ToS, you gave them valid consent. This gives them the right to scan your computer.
Completely wrong, for EU at least there is Supreme Court decision about ToU as not legally bound contract. Use the search function on the forum, it was discussed at least once a week in the last year about it!

Plus, any computer program, operating outside its OWN dedicated memory violate the privacy law too. Blizzard was already sued about this in 2006 in USA, and lost the case. Since then they were legally prohibited into scanning the RAM outside their namespace.

Since then, no computer engineer has confirmed witnessing such action from Blizzard, while reverse engineering their games.
 
Damn is there any version of this that might work in the US? I Would try just for the hell of it
 
This is personal data.



What would "reason for banning a WoW account" be classified as?

From the PDF:



They weren't gathering information about your identity.



Hmm..



They collected information about your account, nothing about you

EVEN IF IT WAS SOMEHOW CONSIDERED PERSONAL INFORMATION:



Blizzard ToU



EU



By agreeing to the ToS, you gave them valid consent. This gives them the right to scan your computer.

NO. No contract can supercede the law. There is no means by which they can write a contract that is stronger than the law of any country. And here is a way I can try to place this in the most basic laymans terms because you don't seem to get it from a higher level.

If I sold you a brand new iphone and I took it back from you the next day because I said your money was fake.....what would be your rights under the law?

Would you not have the right to proof that the money you gave was fake? Would they not have to in fact prove that the money presented is in fact the money you gave them? Would you not in fact have the right to know how they differentiated your money from the next customer so as to prove YOU in fact gave the fake money and not Joe Blow?

In it's most basic essence this is what is being proposed and what the law requires. When a company who is paid for a service takes this service away they MUST be able to prove beyond a doubt that there was a reason. NOW as to the privacy issue. You could commit a crime such as rob someone or kill someone but does this give the police the right to just walk into your home and take said evidence without due process? No. They must possess a search warrant and this is the police we are talking about, part of your legal system. The rules are even stronger against companies. If they are in fact not doing this legally by scanning information they have no right to they could be held legally culpable. And the evidence can be considered null and void much the way evidence obtained illegally is not admissible in court. If they obtained the info illegally they can not use it to ban you nor is it in their best interest to try as it exposes them to many lawsuits.

I truly hope this helps you understand because beyond this I honestly don't think you are going to grasp what is wrong here.

So these people are saying to Blizz. Okay, you say you have information that shows I have broken some rule within the game, by way of law, because I have paid you for said service, you MUST prove I have broken the law and show me that it is me who did it and not someone else. You must also show me that you obtained this information lawfully.

This is what it is all about.

Demondog
 
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If anything the Tos might and key is might give consent to a search. Only in the US. That I am sure is very grey matter due to a officer of the court over any lvl would have to be the ones that do that.I don't think to be honest it is legal due to with renters they can't just come in when ever they want no matter due to court cases in the past.

But no matter what is written in a contract if it is illegal then it is illegal. I can't hire someone and say if they pick 10 bushels a day they can have sex with my sister. No matter if it is on paper or not, it will be illegal due to prostitution laws.

I don't know a lot about Eu law but I do have a firm understanding of crime laws state side.
 
NO. No contract can supercede the law. There is no means by which they can write a contract that is stronger than the law of any country. And here is a way I can try to place this in the most basic laymans terms because you don't seem to get it from a higher level.

If I sold you a brand new iphone and I took it back from you the next day because I said your money was fake.....what would be your rights under the law?

Would you not have the right to proof that the money you gave was fake? Would they not have to in fact prove that the money presented is in fact the money you gave them? Would you not in fact have the right to know how they differentiated your money from the next customer so as to prove YOU in fact gave the fake money and not Joe Blow?

In it's most basic essence this is what is being proposed and what the law requires. When a company who is paid for a service takes this service away they MUST be able to prove beyond a doubt that there was a reason. NOW as to the privacy issue. You could commit a crime such as rob someone or kill someone but does this give the police the right to just walk into your home and take said evidence without due process? No. They must possess a search warrant and this is the police we are talking about, part of your legal system. The rules are even stronger against companies. If they are in fact not doing this legally by scanning information they have no right to they could be held legally culpable. And the evidence can be considered null and void much the way evidence obtained illegally is not admissible in court. If they obtained the info illegally they can not use it to ban you nor is it in their best interest to try as it exposes them to many lawsuits.

I truly hope this helps you understand because beyond this I honestly don't think you are going to grasp what is wrong here.

So these people are saying to Blizz. Okay, you say you have information that shows I have broken some rule within the game, by way of law, because I have paid you for said service, you MUST prove I have broken the law and show me that it is me who did it and not someone else. You must also show me that you obtained this information lawfully.

This is what it is all about.

Demondog

You gave them consent. Valid consent. The LAW states that you can give them consent to use your personal data.

2.4.1. The elements of valid consent
EU*law sets out three elements for consent to be valid, which aim to guarantee that
data subjects truly meant to agree to the use of their data:
• the data subject must have been under no pressure when consenting;
• the data subject must have been duly informed about the object and consequences
of consenting; and
• the scope of consent must be reasonably concrete.
Only if all of these requirements are fulfilled will consent be valid in the sense of the
data protection law.

Do you understand what CONSENT means?
 
Nope. Can't happen under law.

Money already exchanged hands. This acceptance is after the fact. Not part of the initial agreement. This constitutes a degree of pressure.

Also here...

the scope of consent must be reasonably concrete.

If they are going outside the parameters then its null and void.
 
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You gave them consent. Valid consent. The LAW states that you can give them consent to use your personal data.



Do you understand what CONSENT means?


You are so dense.

1. You define personal data as "fill-in-forms-to-contact-you-data." But you do realise that your bank accounts, logins, company info, tax info are all personal data right? By coming into your client side with a detection intent, what's stopping them from extracting other information you deem private against blizzard?

Blizzard can use my Name and Address/Contacts (parts of personal data) to send me promotional activities. That doesnt mean that they can mine my hard disk for bank information and send them to banks to offer me personal loans. Client side. My hard disk, my bytes its mine. My consent is only for them to use them for gaming purposes, not detection/snooping purposes.

2. Do you even know how Consent works? Quoting the definition of Consent will not enable you to understand the context of it in our discussion.
example 1: A minor gave CONSENT to an adult to have (consensual) sexual penetration. - Does this consent supersede state law and makes it OKAY?
example 2: A child/person signs a Slavery Contract, consents the Contract Owner to buy him/her to be used as a slave. - Does this mean that you can own slaves?

Consent must be looked at with the context of the whole. Allowable and fair use. This means that if we open up the connection to allow blizzard to tap into our client side, it is for the service of gaming. Not detection shit.

Similarly, when we are using anti-virus software for a complete PC scan. The intention is to rid the PC of malwares & viruses. Anti virus company cannot use the PC scan report and use my personal details for other intention. (*if that is the case, many of you would've receive promotional offers for porn websites... oh wait didnt that already happened?)

Some will claim, that you are already receiving promotional emails and ads that suits your browsing & shopping habits. Well, there is another consent you gave (maybe when you clicked okay while downloading "freewares," and clicked "ok" while installing them or using online free services (like youtube rips and mp3 converters, or free driver download from repositories, which you gave consent for use of your browsing and shopping habits (by including a small log on your comp) specifically for adwares. Their request for your consent is to mine your browsing and shopping habits, and in turn provide you with ads that are of interest to you. So the specific consent was given for this specific purpose.

last point I want to make. eigoteacher gives you aids.

-
 
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You are so dense.

Don't resort to insulting. It just makes you seem like a novice at debating.

1. You define personal data as "fill-in-forms-to-contact-you-data." But you do realise that your bank accounts, logins, company info, tax info are all personal data right? By coming into your client side with a detection intent, what's stopping them from extracting other information you deem private against blizzard?

I am not defining personal data. The law is defining personal data. Any issue you have with the meaning of personal data is with the law that you are trying to invoke.

I know that those are personal data, but they are not scanning for that data. Therefore, I don't know what point you're trying to make.

Blizzard can use my Name and Address/Contacts (parts of personal data) to send me promotional activities. That doesnt mean that they can mine my hard disk for bank information and send them to banks to offer me personal loans. Client side. My hard disk, my bytes its mine. My consent is only for them to use them for gaming purposes, not detection/snooping purposes.

This is incorrect. You gave them consent to scan for programs that break their terms. Read the terms that you agreed to. It explicitly states that they can scan your processes for third-party programs. This is valid consent. Read what valid consent is in the PDF about personal data.

2. Do you even know how Consent works? Quoting the definition of Consent will not enable you to understand the context of it in our discussion.
example 1: A minor gave CONSENT to an adult to have (consensual) sexual penetration. - Does this consent supersede state law and makes it OKAY?
example 2: A child/person signs a Slavery Contract, consents the Contract Owner to buy him/her to be used as a slave. - Does this mean that you can own slaves?

Consent is legal in this case as defined by the law. We are not talking about slavery laws, therefore you cannot compare them. We are talking about personal data laws. This is an example of false equivalence. You have committed a logical fallacy.

Consent must be looked at with the context of the whole. Allowable and fair use. This means that if we open up the connection to allow blizzard to tap into our client side, it is for the service of gaming. Not detection shit.

Incorrect. You gave them consent to scan. Legally, they have the right.

Similarly, when we are using anti-virus software for a complete PC scan. The intention is to rid the PC of malwares & viruses. Anti virus company cannot use the PC scan report and use my personal details for other intention. (*if that is the case, many of you would've receive promotional offers for porn websites... oh wait didnt that already happened?)

They can if you accept the terms. It's legal.

Some will claim, that you are already receiving promotional emails and ads that suits your browsing & shopping habits. Well, there is another consent you gave (maybe when you clicked okay while downloading "freewares," and clicked "ok" while installing them or using online free services (like youtube rips and mp3 converters, or free driver download from repositories, which you gave consent for use of your browsing and shopping habits (by including a small log on your comp) specifically for adwares. Their request for your consent is to mine your browsing and shopping habits, and in turn provide you with ads that are of interest to you. So the specific consent was given for this specific purpose.

You didn't give them consent to send you promotional e-mails when you accepted their terms. Read their terms.

last point I want to make. eigoteacher gives you aids.

It's a sign that you have nothing else to refute my points when you resort to childish antics such as this.
 
Not that i doubt you or believe you.

This is how intrenetz lawyers work. If it doesn't work on 1 person i just cannot think it would work on a multi-billion dollar company.
IF nothing else it is worth the lulz to watch ;)

[video=youtube;KSWqx8goqSY]https://www.youtube.com/watch?v=KSWqx8goqSY[/video]
 
By the way. My son accepted your agreement. He is 11 years old. Can he be legally binded? Oops. Because your agreement is not at the time of payment where my age is somewhat identifiable and you choose to have it after the installation process ai am sorry but my son is not capable of understanding a legally binding agreement so I have a suggestion of what you can do with your contract but I am too much a nice guy to say it here.
 
Ps contracts are like that body part on the rear of your body, almost any company can create something that looks good but some have no other purpose than letting crap out.

PS EIGO....you applying for a job at Blizz because I never seen someone defend them so adamantly,in vain I may add.

I will finish off my input into this topic with this. If Blizz has unbanned an account and its not just a stupid error its because they did something really wrong. My belief is even if they did they would fight it in court where they could put the evidence you need in a mountain of paperwork so high it might collect snow at the top even if given to you in the caribbean. Or they tie you up in so many legal crap your finances will run out before you even find out who you are sueing. This is how they roll.
 
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By the way. My son accepted your agreement. He is 11 years old. Can he be legally binded? Oops. Because your agreement is not at the time of payment where my age is somewhat identifiable and you choose to have it after the installation process ai am sorry but my son is not capable of understanding a legally binding agreement so I have a suggestion of what you can do with your contract but I am too much a nice guy to say it here.

The problem with those types of arguments is that *you* as the *parent* are legally responsible for any agreement your child enters into. So yes your child isn't legally able to be held responsible for any agreements he or she has made but you are. Which is why kids need to be taught certain things in this day and age of "click and agree"
 
Yes and no. Not in this regard. Criminal maybe but not civil. And only to a certain degree.

At least where I am from. We had a similar case here last year and it was ruled the other way.
 
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The problem with those types of arguments is that *you* as the *parent* are legally responsible for any agreement your child enters into. So yes your child isn't legally able to be held responsible for any agreements he or she has made but you are. Which is why kids need to be taught certain things in this day and age of "click and agree"

Civil liability read this.
 
Yeah, that was my bad. I should have stated it differs depending on where you are located :) Though that link *is* very useful for some people. Nice post :)
 
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