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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Are the following Terms of Service clauses valid/enforceable?
Wallhax is a website selling cheats for online games like Among Us, Apex Legends and dozens of others. Clearly what they do is in clear violation of these games' terms of services.
On their own terms ...
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65 views
Can software vendors add a ToS that would give them monetary privileges over things created by their software?
Imagine that a software user typed an original novel into a word processor (e.g Microsoft Word or Google Docs). Imaging that the software vendor added something to the terms of service (ToS) saying ...
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Can an operating system make terms for apps that run on it, or can third parties do the same?
This is in continuation to the question here :If an app is built on a GPL Operating System must it also be GPL?
Say a user is using a default calendar app and the operating system provides an inbuit ...
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36 views
Use of a VPN to access website when not expressly prohibited in the terms and conditions of the licence/account
Often no mention, direct or indirect, is made regarding the use VPNs, proxy servers, or other online privacy measures whilst accessing the websites of certain online bookmakers.
However, in the forums ...
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137 views
Game Hacking Legality [closed]
Hello I have a question about if game hacking is legal in Florida. What I mean by game hacking is making a software and selling it (not altering the games original code or selling anything with the ...
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3answers
150 views
Can my landlord require me to agree to third-party terms of service if they install a smart lock on my door during my lease?
I am in the middle of my current fixed-term lease and have always had a mechanical key-based lock on my apartment door. My landlord has announced that the doors of all apartments will shortly be ...
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3k views
What is the legal basis of requiring permission before one can link to a webpage?
I came across the "Linking Terms" of OTC Markets Group Inc.'s website:
PLEASE READ THESE LINKING TERMS AND CONDITIONS ("LINKING TERMS") BEFORE LINKING TO THIS WEB SITE. YOU MAY ...
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2answers
94 views
Can I get in legal trouble for open sourcing an unofficial wrapper for an API? (EU Law) [closed]
A while ago, I programmed a very simple API-Wrapper for a search engine and made it Open Source (Licensed under MIT). All it basically does, is using the very same REST-API the actual website uses as ...
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1k views
Can I say that I am utilizing same terms & conditions and privacy policy of this (xyz) website?
I am running a service A that uses some other service B. The company L also provides and uses the service B for themself as well for service K.
Can I say on my service website A that my service ...
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3answers
866 views
Can a free website have a terms of service?
I co-own a free website that recently underwent a spam attack. I have considered a terms of service to keep people from abusing the website. However, upon reading sites that inform me how to create ...
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Can a terms of service include clause indicating payment required for service
Is is possible that a website or piece of software to have a clause in their terms of service saying that by using the service you are agreeing to pay a listed fee for the use of the service and then ...
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356 views
Can your ToS ban law enforcement?
Researching something I stumbled over the following Terms of service for a website:
Notwithstanding any other part of these Terms of Service, and notwithstanding any other express or implied grant of ...
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2answers
83 views
Publishing research obtained by violating Google's TC
I believe Google's Terms and Conditions prohibit bot scraping: that is, submitting lots of (automated) search queries in a short time.
This is enforced by mechanisms such as CAPTCHAs and IP ...
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1answer
54 views
Can the “Pandemic” be considered “not occasioned by the conduct of the (business)” and considered not reasonably remedied?
In my contract it reads "In the event that (business name) is unable to perform any of it's obligations under this Agreement due to any occurrence whether or not occasioned by the conduct of (...
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77 views
What are the legal actions that can be taken against me and my app for breaching the YouTube Terms and Conditions?
Suppose, I create an Android app that streams music/songs illegally by playing them in a YouTube player while hiding the player view, and also allows downloading the videos offline both of which are ...
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1answer
270 views
Discrepancy between robots.txt and TOS
This question made me think of a situation:
Alice asks Bob to crawl web site realestate.example.com and return results of the regular expression "Price:([0-9]*).*Size:([0-9]*)"
Bob points a ...
3
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1answer
105 views
Why am I given a contract for services instead of a contract for employment?
I work at a UK university doing part-time teaching. I was looking into statutory sick pay recently, which I see can be claimed by someone on an employment contract. When I look at my contract with the ...
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3answers
145 views
Must Terms of Service be written by a lawyer?
I'm a programmer making a messaging service. And although I can get the software parts sorted out easily, I'm not really sure about the legal bits.
In particular, I'm not sure whether my Terms of ...
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2answers
118 views
Is Stack Exchange, Inc. a publisher or a public forum?
I'm wondering if Stack Exchange, Inc. is a publisher or a public forum? More specifically do they have the right to censor and suspend users even if they haven't violated their terms of service?
P.S. ...
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116 views
Could Sargon of Akkad-related compensation claims damage/ruin Patreon?
In 2018, Patreon removed content creator Carl Benjamin (Sargon of Akkad) from their platform over violations of their terms of service by using racial and homophobic slurs.
Recently, calls seem to ...
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1answer
49 views
Is there some kind of universal Terms of Service and Privacy policy to disclaim any kind of liability while testing startup ideas? [closed]
I've seen this kind of disclamer a lot:
THE SOFTWARE IS PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE WARRANTIES OF MERCHANTABILITY, ...
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1answer
45 views
What does this mean in this engagement letter?
I am looking to break a lease with my landlord and am looking to hire an attorney.
What does "Client assigns to counsel all rights conferred by statute or rule to recover attorneys' fees and ...
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55 views
Is there a legal distinction between updating existing software and installing new software?
This is a follow up on this popular question. Microsofts EULA terms for Windows 10 clearly state that Microsoft may update their software without the users explicit consent for each update. On the ...
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3answers
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Is it legal for Microsoft to install software without user approval?
On several occasions, Microsoft had misled their users to forcefully install updates or unwanted programs (like Windows 10 on Windows 7 here, here, here, and here), it also has forcefully installed ...
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1answer
57 views
Enforcing academic integrity in light of Chegg's terms of service
According to Chegg's terms of service,
No materials from the Services may be copied, reproduced, modified, republished, downloaded, uploaded, posted, transmitted, or distributed in any form or by any ...
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1answer
127 views
Is Including a Watermark in Content a Form of Copyright Infringement?
About 10 years ago, I uploaded a video to Youtube that I presume was created with a presumably free video editor that left a Watermark in the video.
I know a copyright claim being filed is unlikely, ...
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1answer
88 views
Are terms and conditions preventing already illegal things meaningful?
I'm looking at writing T&Cs for my service and found that many examples repeat that they prevent things which are already illegal. An example fragment:
You may not use the Services and may not ...
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2answers
69 views
If the terms of service of a software change, do they only apply to versions released after the date?
A company offers a downloadable product on their website. The product has been in development for years and there have been many versions released. The company has a set of terms and conditions that ...
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3answers
63 views
Can you have valid Terms and Condictions when there is no entity mentioned?
I was reading the terms and conditions here https://www.binance.com/en/terms.
What exactly are they? Are they a natural person? Are them a company? And if so where are they registered? Do they have ...
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3answers
268 views
How can one open a profitable MMORPG private server (server emulator) legally?
Background
The MMORPG in question has a Korean developer and a German publisher. It is pretty old, but is still live and running by the publisher. The game appears to be dying and has a very low ...
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1answer
67 views
License agreements: if I can use X by doing Y, can I use X without doing Y?
To hopefully make this question more clear, here is an example:
Software company X creates software product Y under the freemium business model — the user of Y is allowed to use it at no cost with ...
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Risk/Information Regarding Copyright/Trademark Violation
I have previously participated in the illicit accessing of files (music, etc.) that were most likely copyrighted/trademarked/etc. as well as the distribution of modified versions of these files (...
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1answer
55 views
Can you legally bet online on somebody's behalf with their written consent?
Is it legal to bet on behalf of somebody else on an online bookmaker? For example, would it be legal to get written consent from a friend, use their ID, etc. to create an account with that online ...
0
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1answer
80 views
Privacy policy pop up in China
There is a new New Privacy Policy Requirements For Mobile Apps In China. One of rules is "They must be in a pop-up message, either on your landing or login page."
Can a full screen be ...
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2answers
109 views
Can a moderation team in a game extend a ban that you have just because they want to
I have been playing a game called VRChat for quite a while now. There is a lot of toxicity and corruption by the staff in this game and I have previous use and bans because of using a modified client (...
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2answers
50 views
Ownership of sites and smart contracts
If I am an owner of a site, I can place restrictions on its usage even if the site software is licensed under an open source license such as GPL or AGPL, right? Which law allows me to place such ...
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1answer
65 views
Refurbishment service by post, can the vendor disclaim responsibility for return shipping?
There is a vendor offering a service to refurbish and paint brake calipers. These items can sometimes have high value, several thousand pounds on the second-hand market.
The vendor's terms and ...
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Is a terms & conditions generator good enough for my website?
I am currently in the process of setting up a website which will include affiliate links to vendors for various products.
I've been looking into the privacy policy and terms & conditions that i'...
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2answers
47 views
Airline Terms and Conditions changed by email from officer of the company
Months after booking travel, an officer of an international airline sent me an email (XXX Response to COVID-19) stating, "If passengers decide to cancel altogether, the tickets can be voided at no ...
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2answers
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Does installing or removing software legally constitute modifying a device?
The terms of service for my bank's mobile banking include this:
USER MOBILE BANKING SECURITY RESPONSIBILITIES
Ensure the Mobile Device is updated with the latest system software
provided by ...
0
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1answer
2k views
Is it illegal to use a fake name and address when buying from a competitor [USA]
The industry I am in is digital (nothing is mailed). There is a competitor in my industry and I want to compare our products with theirs. However I don't want them to know that their competitor is ...
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1answer
25 views
Does a SaaS needs to offer a license grant?
I run a SaaS service (https://pdfshift.io) and I've recently received an email from a potential user that is worried about any IP infringement between them and their client when using our service.
...
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192 views
Forced arbitration with opt-out only by physical mail, can they do this?
I have an account with TruMark Credit Union. Today I received a letter telling me that unless I send them a physical letter opting-out that my right to a jury trial would be lost... can they do this?
...
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In Canada, is there a requirement of when a Money Services Business (MSB) and their client entity must enter into a service agreement?
I hope the question in the title lends itself to an answer. In case more clarification is required, please do not hesitate to comment below.
Some background: In Canada, an MSB is required to verify ...
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1answer
30 views
Risky to provide summary of legal document with the document?
I'm planning on including Terms and Conditions, Privacy Policy, etc for users of my website. Following best practices I want to require affirmative "I agree to the terms and conditions" (or similar) ...
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2answers
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Accepting poorly translated ToS
I have recently encountered a website - offering free and commercial services - which belongs to a company located in Japan. Although the service is, what I believe, quite popular, the ToS are ...
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1answer
601 views
Is it legal to sell cracked gaming accounts?
A coworker recently said they have a small side business in which they were selling cracked gaming accounts.
Is this legal?
It sounds very illegal, but I haven’t found anything definitive on Reddit ...
0
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1answer
39 views
Offering a free service (SaaS) via website as a personal individual person in Germany for everybody (global)
Want to offer a free service to scan code via my website (Software as a Service - SaaS) . It will be free for now, run as a individual in Germany to be used globally (anybody in the world). Hosted on ...
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1answer
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Can anything go into a website's TOS just like a normal contract?
To my understanding a website's terms of service is just like a regular contract. You agree to it by click "I agree" or simply by using the website. So hypothetically could a website scam people by ...
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1answer
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Must the Privacy Policy be Included In-App, or is a Hyperlink Good Enough?
The title says it: I'm wondering if my company has to have a copy of our app's Privacy Policy included in the actual software package.
On the one hand, I could see a copy of the Policy being required,...
