Questions tagged [terms-of-service]
A set of regulations which users must agree to follow in order to use a service.
213
questions
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1answer
23 views
Unsolicited ideas clause in terms of service in the context of corporate email contact links?
Most term of service contracts have a unsolicited ideas clause that contains language like:
suggestions or ideas relating to enhancements, new or improved products, technologies
etc.
If the ...
0
votes
1answer
55 views
Consequences of blank check on privacy policy?
Some websites intentionally hide access to privacy policies and terms & conditions they require users to agree to.
For example, consider the Hotel De Anza. If you click through the steps of the ...
1
vote
1answer
47 views
Is it legal to create user accounts on behalf of users?
Suppose that a customer wants an online or cloud service provider to port all their users from their old system to the provider's new system. Most of them won't know this is happening.
It seems like ...
0
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1answer
34 views
Writing/using selfmade API for DeepL
I just learned that scrapping the web is not always as legal as I thought it is. Apperantly a website can prohibit in its Terms Of Service the use of webscrappers for their website.
The translator ...
1
vote
4answers
60 views
Which countries' law should be considered for Privacy Policy and Terms of Use in a localized website
Should a multi-language website have different privacy policy and terms of use content for the languages it implements?
Or is it just perfectly legal to have a mot-a-mot translation of the base ...
1
vote
3answers
101 views
What can a user do if a service does not enforce their TOS?
With many websites requiring a agreement to a TOS, this usually means that a user is restricted from doing certain things on the site or application, but does the user gain anything out of these ...
0
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2answers
65 views
Is web scraping legal without authentification?
I am currently learning how to web scrape the web and I encountered a major problem.
It seems that every website has some part of its terms of use talking about web scraping being strictly prohibited....
-1
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1answer
34 views
Assignment of Contracts in business acquisition - do they require notice?
Actual scenario:
The Terminix International Company Limited acquires local pest control company, Insight Pest Solutions of Omaha, Nebraska. I, the consumer, had previously been in contract with ...
2
votes
1answer
57 views
Building a site like socialbade illegal?
There are plenty of sites that seem to grab/crawl public profiles form Instagram, e.g. Socialblade, Instastatistics, or Likeometer.
What I read from Instagram’s TOC is that this is violating these ...
3
votes
1answer
68 views
Facebook contract Vs Minors
A minor's ability to contract at face-value is straight forward, any contract with a minor that is not for necessities (food, medicine, clothing, and lodging), and was not approved by the parents/...
5
votes
1answer
48 views
The circumvention of terms and conditions
There are sites, for example 'moodys.com', which require an explicit agreement to the terms and conditions on every vist (e.g. https://www.moodys.com/research/Moodys-affirms-Chang-Hwa-Commercial-Banks-...
1
vote
1answer
21 views
Can product replacement terms be left open to interpretation?
This question is pertaining to the "BuyBack" guarantee offered by "Flipkart" (an ecommerce company owned by Walmart in India).
Flipkart offers a BuyBack policy on mobile phones but in their policy ...
4
votes
1answer
90 views
Unauthorised Use of Discount Code
TL;DR
Can a retailer back out of their own Terms and Conditions because I used a discount code that I did not have explicit authorisation to use?
Full Details
I found a discount code online for a ...
0
votes
0answers
22 views
May an insurance change classifications after services have already been rendered?
A New Jersey Marketplace health insurance plan has a tiered benefit system where a member can choose providers from a two-tiered system. Tier One has the highest coverage level and is tied to a narrow ...
0
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0answers
34 views
Limitation of Liability cant exclude all types of Liabilities?
So i am drafting Limitation of Liability for my free website, and ideally i would wish to wave all the liability, but as i discoved when doing some reading that you can't wave some liabilities such as ...
0
votes
1answer
26 views
What is the meaning of “Additionally, and subject to our obligations hereunder and under X”?
Question: What is the meaning of
"Additionally, and subject to our obligations hereunder and under X"
?
Background: The following section is part of a Terms of Use statement.
The rights that ...
0
votes
1answer
85 views
Would I be violating terms of service if I asked for permission but got no reply?
I created a Python API wrapper for a service, which I want to release as an open source python package if possible but not necessarily, the main issue is that I have a small python project where I ...
1
vote
1answer
53 views
Are software licenses copyrighted?
If someone wanted to 'fork' a private company's license, could they legally do so?
That is to say, if, for instance, the company Grammarly found that significant portions of the company Evernote's ...
0
votes
1answer
45 views
Can a company selectively allow violations of their Terms of Service?
https://venturebeat.com/2018/12/28/netflix-permanently-pulls-itunes-billing-for-new-users/
Unless iTunes shuts down the Netflix app they will be selectively permitting one of their vendors to ...
0
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2answers
59 views
Any Terms of Service deemed invalid due to excessive length?
I don't know any people who read TOS.
I don't know any people who know people who read TOS.
The only people I know who do read TOS are people on the internet, lawyers and the like.
Quote from news "...
2
votes
1answer
72 views
Denying admission to students
I am familiar with the fact that many theaters display the message 'Management reserves the right of admission' or something similar.
Today, our pre-board mock tests (Class 10) ended, and me and my ...
0
votes
1answer
18 views
Can Mobile App Terms of Use contain General liability release?
The intent is a smart phone based app, which functions as a service(think ride share type of services). Wish to provide said service without insurance to test market feasibility.
Definition(s): '...
0
votes
1answer
39 views
Using images from Instagram on my e-commerce website
We are in the process of making an e-commerce website selling our own established brand of makeup. However we would like to use the instagram API to fetch images that use a specific hashtag like #...
0
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1answer
51 views
Uploading to YouTube from 3rd party website
We are planning on starting a website that gives uploaders a service for their videos.
The users upload their video to the site, and the site is ranking their videos, letting them have a community ...
1
vote
1answer
64 views
Is it legal to require user to agree to something outside the scope of the service that terms and conditions are supposed to cover?
Context: I tried to set up auto payments for my first mortgage loan in the US and I was a bit puzzled with terms and conditions (TOS) that were offered to me.
If my interpretation is correct, TOS ...
1
vote
2answers
107 views
Is it a crime if someone inserts ads inside an existing software?
If you search on Internet, you would be able to find apps that are modified to insert code that shows ads here and there. For example, you can take the official WhatsApp Android APK and insert code to ...
1
vote
0answers
30 views
YouTube terms of service + use of thumbnail images in stylesheet
This question is sort of half code, half a legal question.
I'm researching what can/can't be done in terms of apps that make use of YouTube embeds as content such as:
Neverthink.tv
Popular50.com
...
0
votes
1answer
70 views
Chrome Extensions That Inject Content On Retail Sites [closed]
I am prototyping a chrome extension that adds functionality to eCommerce sites. It injects HTML/JS/CSS into the page and adds UI elements that when clicked perform some sort of action.
i.e. Adding a ...
0
votes
1answer
34 views
What is required for a change in payment terms?
I've experienced a situation and I'm interested in the legal side of it, although not after specific legal advice.
The situation is:
A person holds an account with a company in the United Kingdom, ...
1
vote
1answer
159 views
Am I legally responsible for users misusing my service for cyberbullying? [closed]
Good evening from Germany,
I the CEO of a start-up that offers a social network where people can anonymously upload posts (only texts) that users within five miles can see and up/downvote. It is ...
0
votes
2answers
231 views
Why do websites exclude CISG in Terms of Service?
Today I clicked into the Terms of Service page of a popular website. To be honest I'm a layman not a lawman, so I don't understand why certain texts must be there. One of them is:
United Nations ...
2
votes
1answer
55 views
GDPR and locked content, legal or not?
We are at the point where we want to launch a web application. The application requires the visitor to create a free account to explore the website. So already at the beginning, they need to create ...
1
vote
0answers
35 views
Defenses Based on Electronic Form of Terms
I've been looking at a few terms of service recently, and have seen something along the lines of
Defenses Based on Electronic Form of These Terms. You hereby waive any and all defenses you may ...
0
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1answer
48 views
If an account is hacked and stolen, can the service provider be compelled to return it?
This story describes how a PlayStation Network (PSN) account holder had their account repeatedly hacked and stolen. Eventually the thief was able to create enough uncertainty that Sony (the service ...
1
vote
1answer
48 views
Crawling a web forum and presenting the posts in a search
Is what this site is doing with steam community legal? https://www.steamtrades.com/
I assume that is a grey area, no? So what are the factors that would make it legal or not? I assume one should not ...
0
votes
1answer
22 views
Google ML Service Specific Terms Inquiry
I would like to get clarification on the use of Google’s Machine Learning Services according to its Service Specific Terms (section 12). I am working on an IVR solution that transcribes audio using ...
1
vote
2answers
72 views
What should I add behind the Trade Name for my Sole Proprietorship?
I am registered as a Sole Proprietorship in India to do business.
I have provided a Trade Name eg. ABC
So I have 2 questions:
In my Terms of Service and any other legal document can I use the Trade ...
0
votes
1answer
47 views
Can terms of service prohibit a user from quoting content on a website?
I was wondering whether Facebook's TOS on automated data collection would actually be legally feasible.
As far as I am concerned there is a universal right of quotation. Of course that will vary from ...
0
votes
1answer
21 views
How to mention other website as the Product or Service in other website's terms?
Let's say I have a Billing website(1st website) for clients where a client makes an account and buys a plan.
Then what I do is create a website(2nd website) for that client's shop where his employees ...
0
votes
1answer
107 views
Is Facebook Invading My Privacy?
I have two Facebook accounts: A, and B.
FB account A uses my real email address and has my real life friends.
FB account B uses made up information and is in no way associated with my real life.
I ...
0
votes
1answer
54 views
violation of the terms of service
literally i have an app(to earn money) that parses google.translate results. Changes it(info from google) and puts it in. And it seem I am violating terms of service because i am scraping google....
1
vote
1answer
116 views
Why wont music streaming services like Spotify, Soundclound, Napster allow their API to be used in games?
I've been searching around for a music streaming service that can be integrated and used in a rhythm game, but I've found that all I've looked at so far (Spotify, Soundcloud, Napster) explicitly state ...
2
votes
1answer
118 views
Evil Wifi Terms of Service [duplicate]
It's a well know fact that very few people read the Terms of Service when accessing a public WIFI network. The internet is full of hilarious stories like:
22,000 people agree to clean toilets for ...
0
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1answer
55 views
What does proportionate exactly mean here?
In an offer letter offered to me by an organization it states that:
If the trainee leaves the service of the corporation before expiry of
the bond period, he shall pay damages to the corporation ...
1
vote
2answers
52 views
Copyright Law and Terms and Services
Terms and Conditions for websites often include provisions pertaining to Copyright Law. To what extent can those Terms and Conditions, as a contract, alter standard copyright law and Fair Use? Can ...
0
votes
1answer
90 views
Can Amazon pull money from me?
Suppose I add my credit card to Amazon AWS service billing.
Suppose that some hacker interacts with my domain at Amazon in such a way to make me owed $1000 or $10000 to Amazon (deliberately to harm ...
6
votes
2answers
468 views
Are GDPR-Walls legal?
Quite a few websites started showing european visitors "You cannot use this site because of GDPR", probably based on GeoIP information.
I see two possible legal problems:
GDPR forbids coupling of ...
0
votes
1answer
55 views
Could GitHub change its ToS to change ownership over the code?
During an online discussion about the possible steps MS might take after acquiring GitHub, the other user suggested that MS could change the ToS so that they become the owners of the code.
So ...
0
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1answer
66 views
Can a company receive a payment and never provide the paid service?
I was wondering a question about a situation I'm involved in. Prefacing that I live in Italy, where an European directive states that every customer in their territories must have legal rights to ...
3
votes
1answer
92 views
How can clicking on “I agree with …” have any legal weight?
Many times you have to agree with some conditions or terms on website by checking the "I agree" checkbox or clicking some button.
Or this - we are working on an agreement email for our client - our ...
