Questions tagged [terms-of-service]
A set of regulations which users must agree to follow in order to use a service.
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1answer
19 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 ...
3
votes
1answer
43 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 ...
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0answers
20 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 ...
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0answers
23 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
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1answer
20 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
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1answer
83 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 ...
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1answer
44 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
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1answer
39 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 ...
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2answers
50 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
69 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
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1answer
15 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
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1answer
38 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 #...
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1answer
44 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
57 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 ...
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2answers
100 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 ...
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0answers
22 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
43 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
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1answer
33 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
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1answer
85 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
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2answers
88 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
52 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
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0answers
31 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
47 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
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1answer
35 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 ...
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1answer
20 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 ...
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1answer
60 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
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1answer
42 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
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1answer
20 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
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1answer
72 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
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1answer
88 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
101 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 ...
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1answer
52 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 ...
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2answers
48 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
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1answer
87 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 ...
5
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2answers
336 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
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1answer
52 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
57 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
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1answer
78 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 ...
3
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1answer
94 views
Can a data controller change their privacy policy without explicit consent?
While I read one of the updated privacy policies (PP) this week, the following section of a privacy policy seemed… off:
We may change this Privacy Policy from time to time, and all changes will be ...
2
votes
1answer
43 views
Can I amend boilerplate contracts by mail?
I am party to a number of contracts (website terms of service, for example), where a service operator writes the contract, and I agree to the contract by using the service. If the other party wants to ...
2
votes
1answer
76 views
Can I use the rating of different restaurants from different websites like Yelp on my own website?
I am thinking of creating a website with restaurants ratings.
You would be able to search for restaurants and in the result list you would see the name of the restaurant and the ratings of different ...
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2answers
58 views
Should offline users of an online video game be forced to accept ToS?
In the context of a video game that has online and offline play.
An account is needed to play online, but no account is required to play offline.
Assuming the user must accept some terms while ...
1
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1answer
36 views
How to tell which state governs the “Terms and Conditions” of my website?
In the "Terms and Conditions" page of my website, I have this paragraph:
These Terms will be governed by and interpreted in accordance with the laws of the State of XXXXX, and you submit to the non-...
1
vote
1answer
17 views
How do users / members have to be notified of a change in terms and conditions?
However, I'm wondering what sort of due process a company has to go through before they assume that I've read an email regarding a change to their terms and conditions. it. For example, a bank will ...
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0answers
9 views
Legal disclaimer and liability for non-profit tax software [duplicate]
If there were an open source, non-profit project to create tax software to help people fill out their US Federal (and possibly state and local) taxes for free, and this tax software acquired a ...
6
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1answer
140 views
How is internet archiving legal, when it appears to violate many websites terms of use?
Internet archiving services like the internet wayback machine work by rehosting content from other website. However, many websites in their term explicitly disallow people to frame their website or ...
2
votes
2answers
65 views
Scraping a user's data with their permission and credentials
Many websites have user-specific data tied to their account which the user can view by logging in. For example, Amazon tracks a user's purchase history, Netflix tracks a user's watch history, etc. ...
2
votes
1answer
69 views
Does microphone recording of audio content from YouTube violate terms of service?
I would like to study the audio patterns of certain recordings on YouTube for scientific purposes, but don't want to violate their terms of service or any laws. Can I:
play a youtube track,
record it ...
4
votes
1answer
98 views
can I get sued without accepting EULA
I plan publishing information in an article about Software which is the result of people reverse engineering the software.
The author of the software has been attempting to sue people who made use of ...
