Unauthorized Links to Site (Terms and Conditions)

Qanda · **Posted:** Tue May 10, 2005 12:02 pm

Hunter Lupe wrote:

I see oppotunities for ridicule.

Note how it says "neopets-related fansites" rather than "anyone" or "neopets users". This only applies if I were to, say, put a link to NeoQuest on IDNQ frontpage. As far as I can see, it doesn't cover people posting links on forums (much like the "no neopets images on pages with ads" does not cover forums).

Well, actually, they merely said "...by using this website, you specifically agree not to link to any pages within the neopets.com site without Neopets' express written approval." The previous comment pertaining to fansites poses no specific limitations on the next sentence.

Zenial · **Posted:** Tue May 10, 2005 12:42 pm

Quote:

UNAUTHORIZED LINKS TO SITE
Neopets allows users to link their site Neopets-related fan sites to the neopets.com homepage (http://www.neopets.com). However, by using this website, you specifically agree not to link to any pages within the neopets.com site without Neopets' express written approval. If you do not receive such express written approval prior to linking to an internal page on neopets.com, you hereby consent to an injunction to be entered against you by a court of competent jurisdiction, as provided herein, permanently enjoining you from linking to any internal pages from the neopets.com site.

Hahahahahaha this is rediculous! They can Never legally enforce this. It is called deeplinking, and as numerous cases have proved it is LEGAL!

They only thing they can do, if you put your neopets user name on that fansite, they can block your account. Since you don't have any rights with your neopets account and TNT can pretty much do whatever they want with it.

I think it's really sad and stupid that they threaten to sue you if they can never do so

shapu · **Posted:** Tue May 10, 2005 2:42 pm

Qanda wrote:

Well, I have quite a good mind to do exactly what they say and ask before I want to post a link. Each time I feel like posting a link to an internal page, I'll shoot off an email to them asking them.

Quote:

To whom it may concern
I wish to include a link to the war-signup page for The Curse of Maraqua war in a post on the forum http://www.pinkpt.com/forum/viewforum.php?f=3. I sincerely seek your permission to do so. Please reply ASAP. Thank you.

Multiply that by 10 per day for the number of times I want post a link to a Neopets page. If we have everyone doing this, their mail servers will soon be clogged and they will need 10 times the number of staff to handle the emails.

Exceptionally brilliant, old bean. Top-notch. Yes.

Probably, this rule has more to do with people exploiting links to get avatars for tasks - like, say, the kelp avatar.

And as for whether or not it's enforceable - well, it IS enforceable if you're a member of the site. You join a website or install software, you're responsible for the terms and conditions, no matter how ludicrous, unless they require patently illegal behavior, which this doesn't.

Now, if you run a neopets fansite but you're not a member of the website, and you personally never actually use it, then you're probably in the clear.

ninjausagi · **Posted:** Tue May 10, 2005 4:22 pm

The best way to solve this particular annoyance is to buy the site and write your own Terms and Conditions;) ...and after that, take over the world!!

Kneazle · **Posts:** 63 **Joined:** Mon Jun 28, 2004 12:40 am

I think they made this, because the Kelp thing... and maybe sites that seems like neopets. I think that they don't want people to link to the conce' and page 2 or 3 to games like the wheels.
Sorry for my English.

Morningstar · **Posted:** Tue May 10, 2005 5:22 pm

Kneazle wrote:

I think they made this, because the Kelp thing

That was my first thought when I saw it, as well. That this had something to do with the link to get the kelp avatar.

However, I really don't see how it could ever be enforced. You can't just put an injunction against someone without going to court first. And that would require figuring out who exactly posted the link, determining their name and address, filing a complaint in court against them, and filing a motion before a judge for an injunction.

However, it is a very good scare tactic, not just to individuals users but to all of the owners of fansites. I bet anything that fansites are no longer going to allow such links to be posted.

Nani · **Posted:** Tue May 10, 2005 5:35 pm

If we're seeking out weird stuff in the TOS...

Quote:

MISCELLANEOUS
You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Neopets. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Neopets, you will pay NeoPets, Inc. liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages. You agree that if you use such a program on the neopets.com website, you will pay NeoPets, Inc. liquidated damages in the sum of Five Hundred Dollars for each time you use a program.

...So if you use an autobuyer you owe Doug $500, and if you make one you have to pay $50k! I'd guess they don't enforce that, but still... lol!

fifthmonkee · **Posted:** Tue May 10, 2005 6:36 pm

ninjausagi wrote:

The best way to solve this particular annoyance is to buy the site and write your own Terms and Conditions;) ...and after that, eat a block of cheese!!

That's actually a pretty good idea. Obviously they've been looking for new revenue streams lately so maybe they'd be open to the idea. We could make it the PinkPT Neopets.com.

I'll chip in [counts] $12.35. Anyone else have a few million they could donate?

Morningstar · **Posted:** Tue May 10, 2005 7:15 pm

Naniwai wrote:

If we're seeking out weird stuff in the TOS...

Quote:

MISCELLANEOUS
You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Neopets. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Neopets, you will pay NeoPets, Inc. liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages. You agree that if you use such a program on the neopets.com website, you will pay NeoPets, Inc. liquidated damages in the sum of Five Hundred Dollars for each time you use a program.

...So if you use an autobuyer you owe Doug $500, and if you make one you have to pay $50k! I'd guess they don't enforce that, but still... lol!

If you notice, it says "you will be responsible for any resulting damages to Neopets." So, before they could force anyone to pay anything, they would have to file a lawsuit and prove that they suffered damages that were solely due to the use of the program. Which would be pretty hard to do--because they would only suffer damages if the program caused the number of users to drop or caused a sponsor to leave the site.

By the way, this TOS clause was discussed at bit in this topic: http://www.pinkpt.com/forum/viewtopic.php?p=355069&highlight=liquidated+damages#355069

Nani · **Posted:** Tue May 10, 2005 8:49 pm

Morningstar wrote:

Naniwai wrote:

If we're seeking out weird stuff in the TOS...

Quote:

MISCELLANEOUS
You agree not to design, disseminate or use any third party programs designed to change the game play on the site including, but without limitations, programs such as autobuyers, flash game cheats, autofreshers, and snipers. Any use, dissemination or design of such programs is a breach of these Terms you will be responsible for any resulting damages to Neopets. You agree that if you disseminate, design or assist in the design of a third party program that changes the game play on Neopets, you will pay NeoPets, Inc. liquidated damages in the sum of Fifty Thousand Dollars for each such program as liquidated damages. You agree that if you use such a program on the neopets.com website, you will pay NeoPets, Inc. liquidated damages in the sum of Five Hundred Dollars for each time you use a program.

...So if you use an autobuyer you owe Doug $500, and if you make one you have to pay $50k! I'd guess they don't enforce that, but still... lol!

If you notice, it says "you will be responsible for any resulting damages to Neopets." So, before they could force anyone to pay anything, they would have to file a lawsuit and prove that they suffered damages that were solely due to the use of the program. Which would be pretty hard to do--because they would only suffer damages if the program caused the number of users to drop or caused a sponsor to leave the site.

By the way, this TOS clause was discussed at bit in this topic: http://www.pinkpt.com/forum/viewtopic.php?p=355069&highlight=liquidated+damages#355069

I'm sure they wouldn't actually sue anyone; it's just an amusing clause.

Dustin · **Posted:** Tue May 10, 2005 8:59 pm

Wait.. im conufsed. Okay, so my site, insaneneo.com, will I have to change every link that has to do with Neopets? Like the Dailies and what not..? Please say no... Thats unfair. And im totally confused..

everconfused · **Posted:** Tue May 10, 2005 10:40 pm

Dustin, from the wording of that, it does look like you can't have any links to anything within the site. You can link to just neopets.com, but you can't have direct links to, say, jelly world, the omelette, the wheels, etc.

But as I said earlier, I thought that was a rule, that you couldn't have links to anything like that on a site.

As far as a forum, like this or any other one, I don't know about people posting a link in a topic. I think that is going too far. The whole Kelp thing? I saw the link to that ON the site before I saw it here. Same with alot of the "secret" links to freebies, etc.

Now, I just took a peek at 2 other fan/help sites out of curiosity. Both do have links to the dailies on their front page. I don't know, I'm going to guess that they wrote in and got permission?

Dustin · **Posted:** Wed May 11, 2005 12:05 am

cat1205123 · **Posted:** Wed May 11, 2005 12:21 am

Dustin wrote:

Hmm....

...but wasn't that just for images and content and cr...stuff?

mogster500 · **Posts:** 653 **Joined:** Wed Mar 30, 2005 6:51 pm

Maybe it's so people have to get premium for the portal.

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