this post was submitted on 16 Dec 2023
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IANAL, and I get that this varies by country, but at least some of TikTok's users are in the UK, where the courts have very thoroughly established that some contract terms are automatically unreasonable and are completely unenforceable even if someone agrees to them (the biggest example actually being most non-compete clauses in employment contracts!) This would seem to be one such case. This contract term is so blatantly unreasonable that I don't see how a court would uphold it even if the users agreed to it.
It should nullify the entire benefit of the contract to the drafter, get every attorney involved disbarred and criminally prosecuted, and incur massive fines.
It really should. It won't, but it should.