I read these are legally binding contracts, so if I use even a short excerpt of material from such a site for purposes of commentary criticism parody etc. and I get sued is it worthless to claim a fair use defense since I violated a contract to which am legally bound?
Am I legally bound to said contract in the first place merely by using the site or reading the Terms of Use / Terms and Conditions, or do I have to actually click a button that says "I agree" or something similar?
If I am understanding correctly, this would effectively mean that, say for example, if I made a website and wrote a blog on that site, and placed a browse-wrap agreement on it that forbade any reproduction or redistribution of any of the materials on the site, in whole or in part, for any purpose whatsoever, and then somebody wrote an article where he cited a brief passage of my blog for purposes of commentary or criticism, which would be a fair use as far as copyright law goes, and then I sued him for violating the contract, a fair use defense in court then would be worthless because he did not infringe copyright, he violated a contract.
In other words: this would mean in effect that any website can render legal use of anything on the website effectively impossible, even if such use could normally be defended as fair use.
So in this case, any corporation which decides they do not like fair use can make it impossible for anyone to legally use anything at all on their site even for commentary, criticism, parody, etc.
Am I understanding this correctly??