You're wrong about 'no ball games'. Councils can make their own byelaws for things like that, and they usually do and can certainly enforce them.

As for ToS, yes they are usually more of a policy statement for the site, and are unilateral rather than contractual, but that doesn't necessarily mean they are rubbish - and for most day-to-day stuff it doesn't make a whole load of difference, because the basic principle is that if you have a computer you can do anything you want on it provided your software is legal and you don't do malicious or reckless damage to other people's. So the site owner can do whatever they like, and the ToS is a (relatively!) polite way of telling people in advance what it is they are likely to do. And that's fine.

That is still the case if the ToS says that 'by using the site you are agreeing to' blah blah - legally that is just as much rubbish as the ' by parking in this supermarket car park you are agreeing to pay 70 if you stay over two hours'.

What it can't do, because it is non-contractual, is create liabilities from one side to the other. Adn if there's no liability there's no duty, and if there's no duty there's no rights (as between the parties).

*I'd better caveat this by saying this stuff is the case where I am - might not all be true where you are

I've checked and you're correct about the ball games and there having to be a law or byelaw.

Searching on google I see a huge list of councils that say the signs are 'advisory' as their is no law or byelaw in force.

Yeah, ioi, that post was just directed at the specific question that llew asked - not at anything else.

I don't think we're actually in any disagreement, except for over the use of the word 'enforceable' - no disgreement about what you allowed to do anyway.

The reason I homed in on it is that at some points in this thread people have got all muddled over 'enforceable' meaning legally enforceable, and the implication that if something isn't legally enforceable then nothing can be done about it - which of course isn't right.

Strictly speaking - or 'legal pernickertiness' if you like(!) - the ToS isn't enforceable, at least against guests, in my view - because the basis of your being able to ban/block/whatever isn't the ToS, it is the (undisputed) fact that you can do anything you like whether it is in the ToS or not! You could still do that if there wasn't a ToS at all.

So I feel that mentioning the ToS in the context clouds the issue a bit - certainly if one of my students made this point they'd get a mark or two knocked off.

EDIT: Just a quick note on your last point, that "the very act of using the site represents your compliance". That's almost certainly not true, so it may be worthwhile not banging on about it too much. The reasoning usually used to justify it is cases like Thornton v Shoe Lane and all the stuff following it, which clearly established that contractual terms can be established by notice - and in a very limited number of cases even by notices that aren't readily apparent, or are in documents you have to seek out or even purchase. The trouble is, there isn't any sensible precedent that such a notice can create a liability in the first place, it can only add terms to one - which is why I win 100% of my arguments with car parking companies. Just because the ToS says that is the case doesn't make it so.

I've clicked on the ads loads of times. I need to click somewhere on the page to be able to scroll, and I often accidentally click on an add.

I'm doing my part! :D

If sites starts to block adblockers, it will just be a question of time until an adblocker that works will be developed

This sounds like an excellent way to drive people such as myself away from this site. Even with an ad blocker there are adverts up and down both sides of the screen. That should be more than enough.

Imagine watching a half hour TV show and having 24 minutes of it be commercials. That's what it's like to come here without the ad blocker turned on. I doubt very much you are suffering in any way shape or form from lack of revenue.

Kudos on becoming a money grubbing whore Brett.

Exactly , much like most copyright measures, DRM, and other attempts by people to hinder other people, the technology will be faster than they can keep up with.  Where there is a will there is a way.

Should not be happening, you have a bad adblocker or wrongly configured.  By the way lol at your sig, what are you trying to get all the people fed up with this site for various reasons to go over to that site?

The only benefit I see is that the load speed is increased 100%. BUT you blocked our news reel, and background ad.