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Official Blog of the AALS Section on Contracts

Computer Game Retailer Uses Contract to Claim 7,500 Immortal Souls

This story from Fox News:

A computer game retailer revealedthat it legally owns the souls of thousands of online shoppers, thanks to aclause in the terms and conditions agreed to by online shoppers.

The retailer, British firm GameStation, added the “immortal soulclause” to the contract signed before making any online purchases earlierthis month. It states that customers grant the company the right to claim theirsoul.

“By placing an order via this Website on the first day of the fourth month of the year 2010 Anno Domini, youagree to grant Us a non transferable option to claim, for now and for evermore, your immortal soul. Should We wish to exercise this option, you agree tosurrender your immortal soul, and any claim you may have on it, within 5 (five)working days of receiving written notification from gamesation.co.uk or one ofits duly authorised minions.”

GameStation’sform also points out that “we reserve the right to serve suchnotice in 6 (six) foot high letters of fire, however we can accept no liabilityfor any loss or damage caused by such an act. If you a) do not believe you havean immortal soul, b) have already given it to another party, or c) do not wishto grant Us such a license, please click the link below to nullify thissub-clause and proceed with your transaction.”

The terms of service were updatedon April Fool’s Day as a gag, but the retailer did so to make a very realpoint: No one reads the online terms and conditions of shopping, and companiesare free to insert whatever language they want into the documents. 

While all shoppers during the testwere given a simple tick box option to opt out, very few did this, which wouldhave also rewarded them with a £5 voucher, according tonews:lite. Due to the number of people who ticked the box,GameStation claims believes as many as 88 percent of people do not read theterms and conditions of a Web site before they make a purchase.

The companynoted that it would not be enforcing the ownership rights, and planned toe-mail customers nullifying any claim on their soul.

This reminds me of the episode of the Simpsons when Bart sells his soul to Millhouse.  Though Bart had agreed to sell his soul to Millhouse in a negotiated deal – and, of course, Millhouse went and resold it for Alf pogs:

[Meredith R. Miller – h/t Cynthea Motschmann]