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Do people who signed up for a service (let’s say MoviePass) under an annual subscription (let’s say in November) have any protections against changes to the Terms of Service that are made subsistent to that subscription date?
testtubebaby fucked around with this message at 08:54 on Apr 28, 2018 |
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Apr 28, 2018 08:49
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Nevvy Z posted:BTW blargs, I've been encouraging her to contact the school about it but I'm not the boss. It's a legal questions thread success story. Syncopated fucked around with this message at 13:50 on Apr 28, 2018 |
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Apr 28, 2018 13:24
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That's actually a great result. Edit: I do hate the disparate bargaining power of corporations and wish she had gotten everything she was promised. The labor laws just don't always allow that to happen, and getting something without having the pain of a lawsuit is good.
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Apr 28, 2018 13:28
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zenintrude posted:Do people who signed up for a service (let’s say MoviePass) under an annual subscription (let’s say in November) have any protections against changes to the Terms of Service that are made subsistent to that subscription date? Usually the notice of the change should either say whether current users before a certain date are grandfathered in with the original terms for the remainder of their subscription or that you can cancel your subscription without the usual penalty if you disagree with the changes.
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Apr 28, 2018 15:06
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I renewed a one-year apartment lease which had a new clause that waived tenant's right to be part of a class action lawsuit against the landlord. I live in an apartment in Austin, Texas. The apartments where I live have an ongoing problem with the hot water lines. On Monday, April 16th we were informed that the boilers would be repaired and the hot water lines de-scaled, a "3 full day process ending on the 19th of April". Then, on Friday, April 20th a second notice was sent out that stated that "the hot water line will be restored in order for there to be hot water available to you over the weekend," but this was not done. The repairs continued and the descaling process was said to have been completed yesterday, Friday, April 27th. Even so, I did not have hot water in my apartment during this time. I placed a work order and maintenance came by and got it going. They told me that the boiler had been shut off. Hot water in my apartment was briefly restored, but was out again later that day. During this time management provided an apartment key, on request, so that tenants could use an apartment to take showers. The apartment management has actually steadily improved, and improved the property. I try to cultivate good relations with apartment management. Also, the repair process has affected many tenants on one entire section of the building. This morning, when I realized that the hot water was still out, I called and was informed that the maintenance manager would be conducting walk-throughs to visit each apartment and see what was needed. (edit: That on Monday, April 30th, they'd start at the first apartment and go to each apartment.) I'd been more than patient throughout this period, but said that this wasn't good enough and made an appointment to see the apartment manager this Monday morning. There's been no hot water in my apartment since Tuesday, April 17th other than a brief period on Friday, April 27th. Any advice on how to proceed at the appointment with the apartment manager? I had planned to see someone at the Austin Tenant's Council before taking it up with the apartment manager; negotiation isn't my strong suit, and I'm not negotiating from a position of strength. Bad Titty Puker fucked around with this message at 17:20 on Apr 28, 2018 |
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Apr 28, 2018 17:11
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Do you want out of your lease or do you want it fixed?
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Apr 28, 2018 17:39
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Friend is a delivery driver. Was parked in a fire lane in company vehicle, flashers on, and someone backed into her. The police never showed because this was in a parking lot, so private property rules applied? The other driver got out of her car, argued about the incident, told her she shouldn't have parked there and her bumper was too low (wtf?), then drove away. No real damage to her car, the delivery van has a dent in it. This happened in AZ. Friend is kinda freaking out about it even though her boss told her everything is fine. The fire lane thing is the reason, but delivery vehicles, at least around here, get a pass usually by police and everyone as long as you aren't blocking a fire hydrant. Either way I told her the other car backed into HER and fled the scene, so there's no reason to be worried when insurance will cover everything, and company policy says they are never to chase down a hit and run driver. So I'm wondering, is there ever a time when you back into something/someone and it isn't your fault?
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Apr 28, 2018 18:14
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You can't just run into things and then say WELL YOU SHOULDN'T HAVE BEEN STANDING THERE. TOO BAD SO SAD.
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Apr 28, 2018 18:42
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nm posted:Do you want out of your lease or do you want it fixed? I don't want to be without hot water indefinitely. My hunch is that it's quite possible that it could take a lot longer to fix. I want to negotiate for some kind of compensation, such as moving to an open apartment in the same building where the hot water is functional. At this point I'm thinking about canceling my appointment with the apartment manager, setting up an appointment with the Austin Tenant's Council and waiting to see what happens.
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Apr 28, 2018 19:20
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Austin apartment guy this is extremely my poo poo tell me are you rich?
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Apr 28, 2018 19:39
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Hot Dog Day #91 posted:Austin apartment guy this is extremely my poo poo tell me are you rich? Don't bloodsuckers like you usually work on contingency?
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Apr 28, 2018 19:53
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Bad Titty Puker posted:I don't want to be without hot water indefinitely. My hunch is that it's quite possible that it could take a lot longer to fix. I want to negotiate for some kind of compensation, such as moving to an open apartment in the same building where the hot water is functional. At this point I'm thinking about canceling my appointment with the apartment manager, setting up an appointment with the Austin Tenant's Council and waiting to see what happens. FWIW I know nothing about Austin but most Tenant's Councils and such organizations either are completely money/powerless to do anything or actually exist to protect landlords.
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Apr 28, 2018 20:51
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Hmmmmmm. Well, given that a). I have no experience, aptitude or skills in negotiating; b). I'm ain't rich, c). I'm a minority of one where I live, and d). the apartment manager is hard-nosed, I guess that my only other option is to buy an indoor wading tub and more stockpots, wear flannel, grow out my sparse facial hair and learn how to camp in the woods.
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Apr 28, 2018 20:57
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Cowslips Warren posted:Friend is a delivery driver. Was parked in a fire lane in company vehicle, flashers on, and someone backed into her. The police never showed because this was in a parking lot, so private property rules applied? The other driver got out of her car, argued about the incident, told her she shouldn't have parked there and her bumper was too low (wtf?), then drove away. No real damage to her car, the delivery van has a dent in it. Generally, even if you park illegally, it is everyone elses job to avoid it. There will be some exceptions, if for example you park tight after the crest of a blind hill in the middle of a freeway, but generally, drivers should avoid non-moving objects, even if they are there illegally. If you friend had been stopped there behind a line of cars rather than parked, it would be exact same problem. I wouldn't worry about it.
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Apr 28, 2018 21:09
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Bad Titty Puker posted:Hmmmmmm. Well, given that a). I have no experience, aptitude or skills in negotiating; b). I'm ain't rich, c). I'm a minority of one where I live, and d). the apartment manager is hard-nosed, I guess that my only other option is to buy an indoor wading tub and more stockpots, wear flannel, grow out my sparse facial hair and learn how to camp in the woods. So you tell them either fix the apartment by bumping it up the list to the next inspection or comp you $x per day in rent for the troubles, or you’ll break your lease and move out and if they come after you that you’ll sue for breach of implied warranty of habilitation. They’ll probably call you bluff on breaching the contact, at which point you’ll have to decide what to do Your basic negotiating points/strengths are probably 1) breaching the lease 2) financial cost to apartment for you suing them in small claims court for breach of warranty 3) you trashing them on social media Like most tenants, you are in a lovely and weak position Another option you could try is to just call them 5 times a day asking when the hot water will be fixed and see if they fix yours quicker so you that stfu Good luck
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Apr 28, 2018 21:43
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zenintrude posted:Do people who signed up for a service (let’s say MoviePass) under an annual subscription (let’s say in November) have any protections against changes to the Terms of Service that are made subsistent to that subscription date? There will probably be a class action over movie pass ended it’s unlimited subscription or whatever the gently caress is going on with them
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Apr 28, 2018 21:43
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EwokEntourage posted:
This is probably your best bet
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Apr 28, 2018 21:49
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Cool, thanks
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Apr 28, 2018 22:02
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You aren't rich? Nevermind. Austin tenants council is actually really good and cool and they're my friends and I volunteer at the legal clinic because I love the poor. Don't threaten to break your lease/move until you talk to ATC. Texas law is super unfriendly on most things, but there's a literal statute on providing hot water in the Texas Property Code.
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Apr 28, 2018 22:20
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Can anyone point me at easy to understand starting points for extradition and mental health in US/AUS/etc.? I'm researching England and Wales law following Lauri Love, but finding it hard to get a grip on anything comparative from other countries. As far I could see AUS doesn't take more general human rights into account when deciding on extradition (just if you would be executed, it's political etc.) and the US is ???
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Apr 29, 2018 15:47
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I'm not sure that Australia even really give a poo poo about "if you would be executed"; the Australian Federal Police actually tipped off the Indonesian police that the Bali Nine were smuggling drugs rather than actually arresting them in Australia, they got stopped and arrested once they reached Indonesia, and two of them were executed. So while that might be the law on the books, in practice Australia went "ehh gently caress it"
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Apr 29, 2018 16:18
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Having a mental health diagnosis is not a bar to extradition. Adjudicative competency might be a threshold issue for an extradition hearing, but I can't see that being an issue with Love.
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Apr 29, 2018 18:22
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Rolled Cabbage posted:Can anyone point me at easy to understand starting points for extradition and mental health in US/AUS/etc.? What are you actually asking here? That seems very specific, sources for comparative analysis of extradition of mental health cases is not going to be something easily accessible. I can sum up some european extraditionary rules though without ever touching your subject because: Is citizen? If yes, no extradition. I suppose that's outside your field of interest? Nice piece of fish fucked around with this message at 16:31 on Apr 30, 2018 |
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Apr 29, 2018 22:35
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I live in Texas in the good ol' USA and I like to paint pictures of origami. I usually paint my own origami I fold, but I've really fell in love with this artist's work and started painting some of his portraits of folded origami for personal pieces. Recently, I was commissioned to do some origami paintings. I want to make sure I'm not breaking any copyright laws if I choose to use his work as a photo reference. If I painted photographs of already folded origami (folded by artist and photographed by same artist), does that infringe on copyright laws? Here's what I've done already for myself:  Based on a photo by the same artist who folded the origami:  Another option I have is I can purchase an origami pattern online by the artist, fold it, and then paint it on canvas. But does this infringe on copyright laws? Here's the pattern by the artist sold on a website: https://origamiusa.org/catalog/products/dancing-swan-pdf I'm just a hobby painter, and this is my first commission. I'm completely lost when it comes to copyright and derivative works and such.
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May 1, 2018 19:51
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poemdexter posted:I live in Texas in the good ol' USA and I like to paint pictures of origami. I usually paint my own origami I fold, but I've really fell in love with this artist's work and started painting some of his portraits of folded origami for personal pieces. Recently, I was commissioned to do some origami paintings. I want to make sure I'm not breaking any copyright laws if I choose to use his work as a photo reference. I think your painting of the photograph probably infringes on the photograph copyright. It’s too similar and does nothing transformative. It’s a facsimile for the same purpose. I think the question of whether painting origami that someone else designed (but you folded) is different. You are certainly transforming the pattern into art, origami, through your own work. You are also choosing how to display it for depiction, what angle, what light, what color, etc. Your painting is now transformative. Also an origami designer is not competing with painters. It’s an interesting question.
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May 1, 2018 20:10
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Phil Moscowitz posted:I think your painting of the photograph probably infringes on the photograph copyright. It’s too similar and does nothing transformative. It’s a facsimile for the same purpose. I figured I was infringing by painting the photos in a photorealistic manner, but I would definitely love to know if the "fold myself" route is OK. I decided to go ahead and email the creator and ask for permission just in case. Is getting an email that says "yeah sure go for it" enough?
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May 1, 2018 20:21
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I'm at a loss to what I can legally do in this situation, and I could use some advice. I live on a residential middle-class street. I have a neighbor that lives across the street that has been causing my family distress. He's a real nosey guy, but I've never personally had any issues with him. He has a family of his own. There is a vacant house adjacent to mine. The elderly owner now lives in a home, and her daughter pays landscapers, pool cleaners, and house cleaners to keep up with the place. They come and go. The house is doing just fine on its own. My across-the-street neighbor makes routine "checks" of his own though. Again, this house is not even on his side of the street - it's across the street from him, right next to my house. He's been making these "checks" weekly over the last year, at random times of the day. At first it didn't bother my mom and my aunt, but now that one of them is disabled, and I'm not always home to help - they get worried. Worried because some man they don't know from across the street is lurking around the side of our house. He walks really slowly between our two houses, inspecting whatever it is he's checking. He'll look at the roofs, the walls, the lawn, the doors and windows, oh and most importantly - 5ft away from my families bedroom windows. He hasn't looked into our windows, but he hasn't not looked into them either. He just wanders around between my house and the vacant house as if it's perfectly normal. Meanwhile I'm alerted to this everytime, because our family dog will start barking because he's CREEPING ALONG THE SIDE OF OUR PROPERTY CHECKING OUT A HOUSE THAT DOESNT BELONG TO HIM. I don't want any legal problems with this guy. I don't want to call the police either. I would like to resolve this amicably, but I'm not sure how to protect myself legally going into this conversation/encounter with him. Apparently, from what my mom ascertained speaking to him once like two years ago, he's "looking over the house to make sure everything's in order" and he apparently reports back his news to the elderly owner's daughter. I would just like some advice here on how to protect my rear end, but get this dude to stop creeping between my house on the opposite side of our street. Preferrably, without having to involve law enforcement. I would just like it to stop. *edit* I forgot to mention, they just listed the house for sale last week. So now with realtors and renovators there also, he has no reason to be behaving like this.
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May 1, 2018 23:24
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Have you considered the daughter asked him to check the house for her.
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May 1, 2018 23:26
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euphronius posted:Have you considered the daughter asked him to check the house for her. I think she might have; either that or he offered. Does that mean I have no rights in this situation? Genuinely curious here. With the house for sale and realtors in and out, I'm not sure why he would still need to do this.
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May 1, 2018 23:28
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What legal rights do you think you have against a person who has every right to to be doing what he’s doing.
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May 1, 2018 23:30
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euphronius posted:What legal rights do you think you have against a person who has every right to to be doing what he’s doing. And if you don't want legal trouble, have you considered getting over it until the house sells?
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May 1, 2018 23:30
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Kalman posted:And if you don't want legal trouble, have you considered getting over it until the house sells? I guess that's the best course of action. I wanted to make sure I didn't have a right to ask him not to, if in fact what you're saying is, he does.
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May 1, 2018 23:36
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Just explain the situation and ask him politely to stop walking near your house, you goon.
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May 1, 2018 23:38
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Dennis McClaren posted:CHECKING OUT A HOUSE THAT DOESNT BELONG TO HIM blah blah IANAL but here’s what I did in a similar situation, maybe it will help? A man has been standing in front of my house for days. I peek at him from the living room window and at night, unable to sleep, I shine my flashlight down on the lawn. He is always there. After a while I open the front door just a crack and order him out of my yard. He narrows his eyes and moans. I slam the door and dash back to the kitchen, then up to the bedroom, then down. I weep like a schoolgirl and make obscene gestures through the window. I write large suicide notes and place them so he can read them easily. I destroy the living room furniture to prove I own nothing of value. When he seems unmoved I decide to dig a tunnel to a neighboring yard. I seal the basement off from the upstairs with a brick wall. I dig hard and in no time the tunnel is done. Leaving my pick and shovel below, I come out in front of a house and stand there too tired to move or even speak, hoping someone will help me. I feel I’m being watched and sometimes I hear a man’s voice, but nothing is done and I have been waiting for days.
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May 1, 2018 23:38
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Alternatively have you considered posting an alarmed message on nextdoor?
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May 1, 2018 23:39
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Dennis McClaren posted:I guess that's the best course of action. I wanted to make sure I didn't have a right to ask him not to, if in fact what you're saying is, he does. He might and he might not. The daughter and him are the only people that know. You can probably solve the problem by: PCjr sidecar posted:Just explain the situation and ask him politely to stop walking near your house, you goon.
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May 1, 2018 23:40
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PCjr sidecar posted:Just explain the situation and ask him politely to stop walking near your house, you goon. Maybe the best solution because at worst he just tells me to gently caress off, and the house is sold eventually anyways. Nothing to lose because he would probably stop if I asked politely. I just wanted to ask here first to make sure we were all in our rights. Alternatively I could try this being a goon and all, Hermsgervørden posted:IANAL but here’s what I did in a similar situation, maybe it will help? PCjr sidecar posted:Alternatively have you considered posting an alarmed message on nextdoor? That's a little extreme, but apparently my whole neighborhood does use this app/service.
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May 1, 2018 23:49
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I work in IT for a smallish not for profit. We have an on-call pager list that sends a text message whenever poo poo is on fire. We provided this email address to our ISP for alerting purposes, and now once every week or two they send marketing material to us. I've sent them emails asking them not to do that, and they continue. Is there a legal recourse for us? Washington State, if that matters. My guess is the answer is "suck it up and deal." Thanks.
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May 2, 2018 00:05
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Thanatosian posted:I work in IT for a smallish not for profit. We have an on-call pager list that sends a text message whenever poo poo is on fire. We provided this email address to our ISP for alerting purposes, and now once every week or two they send marketing material to us. I've sent them emails asking them not to do that, and they continue. Is there a legal recourse for us? Washington State, if that matters. My guess is the answer is "suck it up and deal." Thanks. Do they send you those emails from the same address as regular communications? Can you not just block them?
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May 2, 2018 00:10
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I don't know whether this should just be in BFC or the Legal Questions Thread, so here we go: This is in California. My information is all second hand through my mom regarding the death of her brother and his wife and the handling of their trust. Some sketchy dude took advantage of them in their last year of life and a trust was drawn up naming him the trustee. I have no access to the trust. Some money and assets have been distributed to various parties named, slowly. The house is finally being sold even though my uncle passed in August (my aunt passed a few months earlier). My mom transferred some cash into my bank account (~$20k) after the sale of some stocks and I figured that was that as far as my involvement. Now she is telling me that the trust did name nieces and nephews as beneficiaries of some Other stocks and she gave the Trustee my address. She said I would receive a letter asking if I object to this dude being named Trustee and all I have to do is sign and send it back, then the whole disbursement of money from the sale of the stocks can occur. Is this.. normal? I don't have the letter yet and I don't know anything about what my signature would release him to do. I do "object," but not like in a legal sense, he's just a scumbag and my mom refused to get any kind of lawyer involved even as he dragged his feet and took various assets for his own family that weren't specified in the trust, or maybe they were, since I haven't seen it and I'm sure my mom doesn't know what it actually says. Ugh. Anyway, should I just sign it or should I take the time to get legal counsel to understand what the hell I am actually signing? I don't really have any other information about this, so I feel like I would be wasting someone's time (and yours, sorry), but I am also uneasy about just signing anything this guy would pass my way. Obviously, I will take the time to read through it once I get the actual letter but it would be great to have an idea of what I am getting into here beforehand, and not hear it from my mom.
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May 2, 2018 22:01
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