You're blaming facebook because people don't read ToS?
And then you try to tell people to be reasonable? That's like the pot calling the kettle black, isn't it?
And then you try to tell people to be reasonable? That's like the pot calling the kettle black, isn't it?
In my opinion, it's American over-adherence to legal formalism to the benefit of powerful companies and the detriment of consumers that is unreasonable, not the German approach. And I say this as an American myself.
In particular, if there's some evidence that a consumer clicked a check box saying "I accept the terms of service" on a web form before submitting it, where a link to the full terms of service was offered and the check box was not checked by default, US courts will uphold far less friendly terms than German courts will.
Before you get too excited about legal jargon, no one reads the ToS. There was some study saying it would take years of your life to read it, let alone try to understand it.
ToS that are unreadable should be thrown out in court.
Everyone, including facebook knows that these are not read.