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This is one of the reasons why we decided not to put such a rule in our TOS. One of the other reasons is that you can never override law in your TOS, general law always takes precedence.
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Thats what I was thinking also, that a change in the TOS would not protect vB.org anyway. It's a bit like when you see P2P sites trying to use a TOS Disclaimer - thinking it will protect them.
It doesn't!!