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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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 ...
yeah22's user avatar
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What are the limits of removing judicial recourse through arbitration clauses?

Suppose a FINRA-regulated financial institution is notorious for littering its service agreement with purportedly binding arbitration clauses, but then exercises a policy that amounts to depriving a ...
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Are terms of use considered a contract from GDPR point of view?

If service terms of use doesn’t talk about setting up a contract between the company and the user, can you use «execution of contract» as the lawfulness for GDPR processing ? If signup data is ...
borisrorsvort's user avatar
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Is a violation of contract or Terms of Service considered a crime in certain cases?

Suppose I make a video conferencing website, but I specify in the Terms of Service that the free version is not to be used for commercial purposes. Someone uses the website without reading the Terms ...
joseph-parsons's user avatar
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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 ...
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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 ...
Fohlen's user avatar
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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 ...
Eremi's user avatar
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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-...
Ian Y.'s user avatar
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Does selling certificates from Let's Encrypt violate their ToS?

A company I (unfortunately) worked for in the past is selling Let's Encrypt certificates for about 10€/month. I don't need to tell you that these certificates are free for everyone. The customers are ...
Lukas's user avatar
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Freedom of speech and terms of use of social networks, are TOS allowed to violate FOS?

Freedom of speech is a constitutional right in many countries. But nowadays, several social networks "which allow freedom of speech" are appearing and growing because several of the main social ...
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Is there any obligation to provide a service after a contract expires?

I had a contract to provide web services to someone for a few months. The contract has now expired and has not been renewed. The client was horrible to work with and I no longer want to work with them,...
user1889580's user avatar
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Software to block contracts

Many websites offer contracts to their visitors by "browse-wrap" (making an offer by notice, where not not using the site signals acceptance) or click-wrap (making an offer where clicking &...
interfect's user avatar
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How can sole traders legally circumvent 'no business use' restrictions in domestic contracts?

I would like to get some advice regarding using consumer services for business purposes, where the contracts for the services have terms that when taken in isolation, forbid the use of the services ...
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Why are terms and conditions of a website legally binding?

There are many resources (e.g. this) about ways of creating legally binding terms and conditions for a website. What I don't understand is: why can't a user claim that terms and conditions were not ...
AlwaysLearning's user avatar
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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 ...
Theodore Tsirpanis's user avatar
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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 (...
Cristina's user avatar
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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 ...
porton's user avatar
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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 ...
greenwarrior33's user avatar
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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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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 ...
Cedric Martens's user avatar
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How are the Localbitcoins.com founders safe from money laundering laws?

There are lots of news regarding localbitcoins.com seller arrest against money laundering laws. I know it is seller or buyers responsibilities to follow their local AML laws. But how localbitcoins ...
kgrahim's user avatar
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Why is there an apparent legal bias against digital services?

Over the years, many websites - mostly file-sharing websites - have been taken down due to the users using the service for less-than-legal activities. Most of these websites posted well-visible ...
Weckar E.'s user avatar
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Facebook disabled my account; can I legally force them to restore it?

I was trying to sell adult goods on facebook as I sold other kind of products as usual to multiple facebook communities. I happened to forget nudity was forbidden on facebook. But the package ...
Hoy Cheung's user avatar
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Indemnity to help in another's defense? What does that mean?

I am reading through legal materials, and I came across this line: "We reserve the right to exclusive control over the defense of a claim covered by this clause. If we use this right, you will help ...
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Is it legal for Grammarly to read, share and store forever all my emails?

I have just noticed the following paragraph in Grammarly Terms and Conditions. By uploading or entering any User Content, you give Grammarly (and those it works with) a nonexclusive, worldwide, ...
RyszardZ's user avatar
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What can happen if a person violates a website's terms of service?

What could happen to a person if they violate a website's license? For example https://medialoot.com/member/license/ says you're not allowed to reuse their code, but if someone did what would happen ...
bigbox151's user avatar
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How can I know if I can modify/copy resources on this website?

I was visiting a website/forum, and I saw that any content belongs to their respective owners. Does this mean I cannot copy/reuse/edit source-codes or other resources/contents the users are posting? ...
WayneXMayersX's user avatar
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Is it legal to download subtitles from youtube videos

youtube videos have different types of subtitles, there is manual subtitles where the author writes his video's captions and uploads them, and there is the auto generated subtitles by youtube. ...
Abdallah Alsamman's user avatar
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To what extent is this "Terms and Conditions" clause legally valid?

As far as I understand, certain types of clauses that are fully enforcable if added to a written contract are not enforcable as part of a "Terms and conditions" document. For example, I can ...
Tester1423's user avatar
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Legally speaking who is a client?

As a service provider, we have been providing services to a particular business for almost a year now. No contract or framework has been signed for the services provided. A contract negotiation has ...
asembereng's user avatar
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Google Maps Terms of Service

I came across a section of the Google Maps Terms of Service (link) that confuses me. I am currently developing a phone app and would like to use Google Maps. Is this section saying that Google owns my ...
Hokie2014's user avatar
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Can either side of a GDPR SAR require the other to agree to ToS during the identification process?

I shall use a real situation that happened to me, but this is just to demonstrate my point. I am definitely not going to do anything about it. This is a purely theoretical question, I am not ...
User65535's user avatar
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Betting with VPN [closed]

The Stake Online Casino is not available in the Netherlands. However, you can bypass this geoblocking with a VPN. Is this a legal thing to do? And can Stake find out in any way?
Riemann's user avatar
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Can I set a fee for using my web site, and later collect it?

If I set terms of service for my web site, visitors to my web site agree to them when they use my web site (beyond, presumably, the usage technically required to obtain the text of the terms). It is ...
interfect's user avatar
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Vietnamese were chosen as applicable law, should the CISG govern contract ? May the parties choose laws of Indonesia to be applicable of the contract?

The contract is signed between the company, which is located in Vietnam, and company in France / Germany / Australia / Korea. From the Contracting States of CISG between Vietnam and U.S. activated, ...
Robbinspire's user avatar
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What is the timeframe for Mastercard's "zero-liability" policy?

Other types of transaction disputes such as "product not received" has a clear reporting timeframe of 120 days or 540 days. That is, the consumer is usually protected only if the report is ...
dodo's user avatar
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Is it allowed to distribute images generated in DALL-E by OpenAI?

I was reading the TOS of OpenAI (https://openai.com/api/policies/terms/) to find out whether it's legally possible to distribute images generated in the tool via Twitter or non-public platforms like ...
Mark's user avatar
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Are Discord bots allowed to store deleted messages and let people view them?

There are many Discord bots around which look at messages sent by users, but are they legally allowed to store messages in files, and even store messages which were since deleted by the users who sent ...
Cohen's user avatar
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Is direct advertisement allowed on mobile android app? [closed]

Suppose that an app developer D wants to advertise on a mobile android app. D is aware that that there is the ad network platform admob provided by google, but D does not want to use it. D wants to ...
NightCoder101's user avatar
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About using google maps

In the terms established by the usage of Google: 3.2.1 General Restrictions. Customer will not: (a) copy, modify, create a derivative work of, reverse engineer, decompile, translate, disassemble, or ...
Francisco Javier Garcia Cabrer's user avatar
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Can a site write whatever it wants in terms of use?

I am reading the following terms of use https://jane.com/home/termsofuse Lets say I am a seller on this platform am I allowed to build a script on my local machine That logs in to my account and list ...
swimmer's user avatar
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Is a company allowed to break their own Terms of Service (TOS)?

I have spotted multiple counts of a gamecompany breaking their own TOS for their own or "associates/friends" gains, including real world trading (selling items for money) while stated in ...
Henk 's user avatar
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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 ...
p003t's user avatar
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What is the Google "Company" TOS for, compared to the Google Chrome TOS?

So I see Google's TOS, and Google Chrome's TOS. First off, does the "Google's TOS" actually mean it's for the Google company as a whole, or is this just for the search engine? They mention user ...
Lance's user avatar
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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 ...
vahdet's user avatar
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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 ...
Abhinav Tripathi's user avatar
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1 answer
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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 ...
Alex's user avatar
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Does the 9th Court Ruling Imply That a Public Endpoint Is Truly Public?

Violating Terms of Use Isn’t a Crime, EFF Tells Court—Again The recent ruling by the 9Th CAP states that a user is not legally (criminally(civil maybe?)) bound by the ToS of a website operator. Does ...
Max Phillips's user avatar
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How can sites like https://www.brandwatch.com/ crawl instagram legally?

sites like brandwatch.com and various other analytic sites crawl Instagram? Instagram says in their terms and conditions: We prohibit crawling, scraping, caching or otherwise accessing any content ...
joeyk16's user avatar
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Am I breaching any laws/policies for publicly posting customer service interactions?

I've recently had string of poor customer support experiences with a major corporation whom I rely on for the majority of my personal communication. I'd like to post these interactions in a public (...
Evan's user avatar
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