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Question on TOS?

Posted Wed August 5, 2009 4:24 pm, by Fran S. written to PlanetFeedback

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There's a letter on the top 25 from an 8 year old (or at least she states she's 8 - it is regarding a suggestion for a waiting room). Your TOS says you need to be at least 13 years old to use the site?

I could have commented on this on her letter but if she is in fact 8, I didn't want to make her feel bad.


Reply



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by Scott A. Posted Tue August 11, 2009 @ 9:18 PM

See what happens when an eight-year-old is allowed to comment on PFB?
hehe

Reply

Re: Question on TOS? by franese Tue August 11, 2009 @ 7:21 AM


the TOS not being applied fairly by Bill R. Tue August 11, 2009 @ 9:47 AM


Bill by Venice Tue August 11, 2009 @ 3:47 PM


KT by Bill R. Tue August 11, 2009 @ 4:09 PM


The difference by Just Jeffrey Tue August 11, 2009 @ 11:58 AM


I agree by LadyMac Tue August 11, 2009 @ 12:01 PM


If I may... by Just Jeffrey Tue August 11, 2009 @ 12:52 PM


Thank you, Jeffrey by Venice Tue August 11, 2009 @ 1:43 PM


I don't understand by Donno Tue August 11, 2009 @ 2:44 PM

by Venice Posted Tue August 11, 2009 @ 3:16 PM

how this got so complicated. The site existed just fine before so
many changes took place. Even if people were complaining about the
comments, it wasn't stopping the site from thriving. So now in an
attempt to address the complaints, we have a moderation system in
place that has done nothing but cause the site to deteriorate. Wasn't
the purpose of the moderation to make the site better? As far as I
can tell, the moderation is at the root of everything that's going
wrong.

Reply

by Just Jeffrey Posted Tue August 11, 2009 @ 3:46 PM

I think this can be settled (or at least, we'll have a route to settle
it) with one question: what's the purpose of PlanetFeedback? (OK,
more specifically, what's the purpose of allowing commenting?)

Frankly, if the TOS didn't exist (outside of the few things that have
to do with legal issues), this site COULD thrive as a place where
people come to abuse each other. The people that don't like to be
abused? Well, they'd leave. And this place would get the reputation
as being a place to avoid if you don't light fighting.

But clearly that's not the goal of whoever runs this site. (I'm
honestly not sure if Pete is involved any more and if this site is
still used as a resource for his "day job"). Whoever runs this site
has a reason for allowing certain comments, making the exceptions they
do, and so forth.

I'm cynical. I don't think I'll ever see an explanation of why this
site REALLY continues to exist. I said this before: I'm skeptical
that this site exists, today, as a generous act to allow people to
easily write letters to companies. Why do I say this? Because of the
comments. Even with a strong-handed TOS, there's still enough that's
allowed that drives away people that want only agreement.

And I'm skeptical that this is a "Tell 3000" fishbowl, because of the
comments that DO get removed. If this was really a place to show
companies what people think, there would be no removal of comments
(with a very small number of exceptions).

Anyway, when it comes to moderation, the best type is community
moderation. Let the community decide. The only reason (besides the
work involved in making software changes) not to, I think, is that
what the community wants would be in conflict with what the
owner/management wants.

Reply


As I said before... by Venice Tue August 11, 2009 @ 3:59 PM


Thank you, Jeffrey by LadyMac Tue August 11, 2009 @ 2:25 PM


Without getting into any of the other debate issues... by Just Jeffrey Tue August 11, 2009 @ 2:53 PM

Jeffrey by Michelle O. Tue August 11, 2009 @ 3:00 PM


And email is and has always been an option by LadyMac Tue August 11, 2009 @ 3:31 PM


By the way... by Just Jeffrey Tue August 11, 2009 @ 3:50 PM


Well said. by Just Jeffrey Tue August 11, 2009 @ 3:33 PM

I hope that didn't come across as snarky by Michelle O. Tue August 11, 2009 @ 3:58 PM


Hardly. by Just Jeffrey Tue August 11, 2009 @ 4:25 PM


That is an issue by Donno Tue August 11, 2009 @ 4:19 PM

Actually by Michelle O. Tue August 11, 2009 @ 4:24 PM


I actually didn't read your comment by Donno Tue August 11, 2009 @ 7:30 PM


Maybe this thread should be exempt by Venice Tue August 11, 2009 @ 5:07 PM


o my n/t by PepperElf Fri August 14, 2009 @ 12:22 AM

by Nate. Posted Sun August 9, 2009 @ 3:39 PM

How do we know the 8-year old ever came to PlanetFeedback?
Maybe he wrote the letter by hand or on a word processing program, and
his mom or whomever Debra R. might be chose PlanetFeedback as the
means to send such letter.

If the account is in the name of someone who is eligible for
membership, and under their supervision, someone ineligible send a
letter, is it that big of a deal?

I think the 13 and up rule is a result of law as previously mentioned.
This is not necessarily a "rule", but a requirement for anyone
collecting personal information online such as names and addresses. It
is not PFB specific. All websites have this same rule.

My thought is that since the TOS also serves a legal purpose, this
section was likely added to be in legal compliance and to avoid any
issues that may arise.

Reply


Nate, you're missing the point by Venice Sun August 9, 2009 @ 4:58 PM


I get the point completely by Nate. Sun August 9, 2009 @ 5:24 PM


Again, moaning by Venice Sun August 9, 2009 @ 5:36 PM


But they have to have this rule in place by Nate. Sun August 9, 2009 @ 7:55 PM


Are you saying... by Venice Sun August 9, 2009 @ 8:26 PM


No.. he's not by LadyMac Sun August 9, 2009 @ 8:55 PM


Perhaps I misspoke by Venice Sun August 9, 2009 @ 9:14 PM


I understand what you mean by Nate. Sun August 9, 2009 @ 9:18 PM


Actually, I don't think it is clear by Venice Sun August 9, 2009 @ 10:04 PM


Correct by Nate. Sun August 9, 2009 @ 9:21 PM


Venice, No by Nate. Sun August 9, 2009 @ 9:16 PM


Do you understand why... by Venice Sun August 9, 2009 @ 9:34 PM


So what should PFB have done? by LadyMac Mon August 10, 2009 @ 6:20 PM


I don't even think an exception was really made by Nate. Mon August 10, 2009 @ 6:41 PM


{{sigh of frustration}} by Venice Mon August 10, 2009 @ 7:27 PM


Venice by LadyMac Mon August 10, 2009 @ 8:59 PM


Please stop saying there's no winning by Venice Mon August 10, 2009 @ 9:23 PM


If exceptions are made for everyone by LadyMac Mon August 10, 2009 @ 9:31 PM


But we all know... by Venice Mon August 10, 2009 @ 9:44 PM


Or not to make any exceptions by LadyMac Mon August 10, 2009 @ 9:47 PM


Yes, that's what I think by Venice Mon August 10, 2009 @ 10:15 PM


The situation... by Beeracuda Mon August 10, 2009 @ 9:45 PM


If I am understanding you correctly by LadyMac Mon August 10, 2009 @ 9:50 PM


No by Beeracuda Mon August 10, 2009 @ 10:15 PM

I think I understand.... by Michelle O. Tue August 11, 2009 @ 12:37 AM


As usual, Deb, by MA Cunningham Tue August 11, 2009 @ 10:57 AM


No one here is shouting by LadyMac Tue August 11, 2009 @ 11:18 AM


No subtext needed by MA Cunningham Tue August 11, 2009 @ 11:47 AM


Par for the course by LadyMac Tue August 11, 2009 @ 11:56 AM


Never said that by MA Cunningham Tue August 11, 2009 @ 12:43 PM


I feel Deb's comments here are great. She is expressing herself by rxgirl Tue August 11, 2009 @ 12:30 PM

Nate by Michelle O. Sun August 9, 2009 @ 11:40 PM


If that's the case... by Venice Mon August 10, 2009 @ 12:06 AM

Venice by Michelle O. Mon August 10, 2009 @ 12:15 AM


Good idea by Venice Mon August 10, 2009 @ 12:22 AM


by Nate. Posted Sat August 8, 2009 @ 9:25 PM

To the people below -
I think this part of the TOS is a legal issue - collecting information
from users under the age of 13 is governed by the Children's Online
Privacy Protection Act.

I got the impression that it was under a parent's account as well.

I don't think moaning about the 13+ rule is apples to apples with
commenting rules. One is site policy and the other one is law governed
by the FTC.

Reply


Moaning? by Venice Sat August 8, 2009 @ 9:48 PM


My statements by Donno Sat August 8, 2009 @ 11:43 PM


Same goes for me by Venice Sun August 9, 2009 @ 1:58 AM

Venice, it's nothing sinister. The OP had a letter to Infiniti a little while by Even Steven Sun August 9, 2009 @ 3:59 AM


Sinister? by Venice Sun August 9, 2009 @ 7:36 AM

Thanks Nate by Michelle O. Sun August 9, 2009 @ 1:38 AM


i was under the impression that the "rule" allows users under 13, provided they have parental consent - therefore using a parent's account constitutes consent by PepperElf Sun August 9, 2009 @ 2:22 AM


I don't see anything in the TOS about parental consent by Venice Sun August 9, 2009 @ 2:45 AM

I wrote this letter by franese Sun August 9, 2009 @ 9:36 AM


ah. i was thinking of the typical disclaimer i see at most websites by PepperElf Sun August 9, 2009 @ 11:07 AM

by RedheadwGlasses Posted Sat August 8, 2009 @ 6:16 PM

Perhaps the TOS should be revised. Many kids of the age of that
letter writer have been online for a few years and surely this site
provides a communication tool that kids can use as well as adults.

If this is done to protect kids: I feel that the level of moderation
on this provides a much safer environment for a young person to
interact with adults than other websites. If any conversation were to
get inappropriate, it likely would get dealt with promptly.

I just don't think using this site provides much risk to kids, and I
think kids have a lot to offer a site like this.

Reply


I'd rather my kid use this site... by Venice Sat August 8, 2009 @ 8:42 PM


hah you should have seen the old Moby boards... by PepperElf Mon August 10, 2009 @ 12:21 AM


Sounds delightful!.. haha by Venice Mon August 10, 2009 @ 12:24 AM


lol no. by PepperElf Mon August 10, 2009 @ 12:32 AM


I agree! by Venice Mon August 10, 2009 @ 6:11 PM


i admit that's why... by PepperElf Mon August 10, 2009 @ 8:58 PM


You're not alone by Venice Mon August 10, 2009 @ 9:29 PM

by The PlanetFeedback Team Posted Wed August 5, 2009 @ 5:07 PM

Yes, our TOS does require users be at least 13 years old. In this case
we made an exception for the following reasons:

1. Every indication is that the 8 year was using an adult account,
most likely a relative.

2. It was a great letter. We are happy to provide a way for this young
person to offer feedback.

He has written two letters so far. If this person continues to write
letters then we will certainly take another look at the situation
however we're not particularly worried about it at the moment.

Thanks for helping make sure folks use our site properly!

Reply


ah... good point - users under 13 require parental permission... by PepperElf Thu August 6, 2009 @ 2:07 AM


But isn't making exceptions part of the problem on this site..... by rxgirl Thu August 6, 2009 @ 11:21 AM


I agree by Venice Thu August 6, 2009 @ 11:06 PM


If everyone is treated equally by Donno Fri August 7, 2009 @ 9:06 AM


Good point by Venice Fri August 7, 2009 @ 10:51 PM


You do by Donno Sat August 8, 2009 @ 10:56 AM


Exceptions to TOS by Beeracuda Fri August 7, 2009 @ 6:37 AM

Bad Feelings by Scott A. Fri August 7, 2009 @ 9:36 PM


You're in good company, Scott by Venice Fri August 7, 2009 @ 10:49 PM


I really miss by Donno Sat August 8, 2009 @ 10:58 AM


If you really want a trip down memory lane by Venice Sat August 8, 2009 @ 5:54 PM


You make a good point. by Just Jeffrey Mon August 10, 2009 @ 9:05 AM


The PFB team . . . by MA Cunningham Tue August 11, 2009 @ 10:40 AM


I agree with point 1 by Nate. Sat August 8, 2009 @ 9:30 PM


How do you know that? n/t by Venice Sat August 8, 2009 @ 9:44 PM


Based on his other letter by Nate. Sun August 9, 2009 @ 3:31 PM


by RowdyRetailer Posted Wed August 5, 2009 @ 4:52 PM

Good Eye, didnt catch that.

Wonder what will happen?!?!?! Hmmmmmm


Good Day

Reply


As the saying goes... by Venice Thu August 6, 2009 @ 11:05 PM




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