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I'm not a lawyer and wasn't aware of this, but I often edit the ToS so thanks for bringing it up. My first thought would be, doesn't http://ellipsisno.de/terms/#liability negate the need for such a clause (...in at least most circumstances)? Come on, really? How can you complain about colours...

That is true, but satire does. :) I'm not sure how it looks on your screen, but on mine it seems to have more black in it than any other colour! Hrm, very true. I will write to the satirist and advise him to add more correctness and scale to the next cartoon.