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I'm considering developing a webshop platform where users can rent credentials to various website account like Udemy from each other, and I want to include a user rating system to build trust within the community. However, I'm concerned about the legal aspects and potential liabilities involved in such a platform.

Specifically, I'd like to understand:

  1. What legal considerations should I be aware of when allowing users to rent accounts from each other on my platform? Are there any specific regulations or laws I should be mindful of?
  2. How can I structure user agreements and terms of service to protect both my platform and its users from legal issues related to renting products?
  3. Regarding the user rating system, what legal concerns might arise? How can I ensure that the ratings and reviews comply with applicable laws and regulations?
  4. Are there any liability issues I should be aware of in case something goes wrong during a rental transaction? What measures can I take to minimize legal risks?
  5. Do I need to consider insurance or other forms of protection for users on my platform, and if so, how should I go about implementing them?

I understand that this is a complex legal matter, and I plan to consult with an attorney eventually. However, I'm looking for some initial guidance and insights from the community to better understand the legal landscape and potential challenges I might face when developing this webshop platform.

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Users would violate the Terms of Service of the "rented" accounts

Accounts are usually non transferable and sharing is prohibited. Users would violate those provisions of their contracts with Udemy and others.

For an example, Udemy has that right out of the gate in section 1 of the ToS:

You may not transfer your account to someone else or use someone else’s account. [...] You may not share your account login credentials with anyone else. [...] You must notify us immediately upon learning that someone else may be using your account without your permission (or if you suspect any other breach of security) by contacting our Support Team.

Note that "transfer" includes sale, and that the contract is with the person - let's call them Joe Smith - and not the e-mail account used to register - [email protected] - even if the latter is used to identify Joe.

That's bad for YOU

You might not have an account with those places, but you interfere with the contracts of those users and induce them to violate their contracts - which is illegal: you engage in a conspiracy with users to violate their contracts. By inducing them you commit tortious interference.

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  • What about selling it? Can the platform prohibit me from selling my email account, which was used for registration?
    – János
    Sep 24 at 9:46
  • @János That is transferring. Which is also forbidden in the TOS
    – Trish
    Sep 24 at 9:56
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    A third party can't prohibit you from selling your email account (although your email provider might), but your e.g. Udemy account does not belong to your email address, it belongs to you. Transferring your email account has no bearing on that fact; the Udemy account is still yours and you are still bound by contract regarding it.
    – Cadence
    Sep 24 at 10:16
  • And if a legal entity were to be established together when registering an email address, and the legal entity were to make a purchase, or if the owner of the legal entity were to change?
    – János
    Sep 25 at 4:53
  • The risk is that online content providers will only allow to register individuals, right? They can easily exclude legal entities?
    – János
    Sep 25 at 5:03

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