Sorry, I turned on my TV 1 minute after that was displayed.
This issue is called "contract formation", and any HN reader who's shipped licensed software or had a website with terms of service should be aware that showing something that a user may or may not have seen is the worst possible way to try to form a contract. That's why creating an account on almost all websites has a checkbox that the user has to check, with text that you're agreeing to certain terms.
I'd prefer to make a more forceful case that there are limits to contracts, and not to rely on the technicality of people saw the note, or if "a meeting of minds" actually happened.
What if the note is also in the actual contract that has my signature? Is the content of such contracts limited in any way?
I mean – it must be. I can easily get any number of people to sign contracts that include a right for me to their firstborn child.
Whatever legal doctrine courts would use to strike down such a provision should also apply to, for example, people waving their right to sue, to freely discuss the content of broadcasts, to rate the product/service being purchased etc.
This issue is called "contract formation", and any HN reader who's shipped licensed software or had a website with terms of service should be aware that showing something that a user may or may not have seen is the worst possible way to try to form a contract. That's why creating an account on almost all websites has a checkbox that the user has to check, with text that you're agreeing to certain terms.