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 terms of service legal contracts?

Are ToS considered contracts in and of themselves, enforceable under contract/civil law? Generally I'm talking about the Common Law systems in the major regions (UK, North America and Oceania). ...
Terms of Endearment's user avatar
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1 answer
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Would what happened in South Park (human centipede) be legal?

There's an episode of South Park where buried in the terms and agreement of iTunes, you agreed that Apple could forcibly make you into a human centipede. See: In the real world could this happen? ...
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How to Prove, Legally, That a User Actually Clicked the "I Accept" for TOS, etc

In a click-wrap scenario, how does one prove, legally, that a user actually clicked or checked the "i accept" or equivalent on a given site. e.g. what if the website owner doesn't track clicks, ...
GWR's user avatar
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What if the user disagreed with the Terms of Service, but still registered on a website?

This is purely hypothetical, based on an anecdote told on a web design lecture a long time ago. Most websites nowadays require you to click on a little checkbox that usually says I agree to the Terms ...
fstanis's user avatar
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Why are private game servers illegal?

Over on Arqade we were discussing a question which was asking about private servers for a game called World of Warcraft. The discussion was about if using and/or hosting a private server is illegal ...
Aequitas's user avatar
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Can I get my answers deleted from Stack Exchange?

According to a moderator statement in meta that I read, Stack Exchange claims a "license" on the answers and questions which a user has posted. From a copyright standpoint can a claim be made or a ...
Cicero's user avatar
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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 ...
allo's user avatar
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How prominent must terms of service be?

How easy must it be to find a website's terms of service? I assume that if it's very difficult to find, then users couldn't be reasonably expected to know the terms of service. Are there any ...
Jeff Caros's user avatar
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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 ...
Joseph Petroske's user avatar
6 votes
4 answers
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What is the point of website Terms and Conditions?

I was considering answering How prominent must terms of service be?; when I was struck by a thought: what is the point of website Terms and Conditions anyway? Clearly, if they form a contract and ...
Dale M's user avatar
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Website Registration Terms Agreement - Implicit With a Blurb or Need Checkbox?

During sign-up, the user must agree to the terms and conditions and privacy policy. Is it sufficient to state: "by registering, you agree to our terms of service and privacy policy" (where the words ...
GWR's user avatar
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Is a contract made through social media binding?

At my local college I've taken on a course about law and currently we are learning about contract laws and was curious about the binding nature of a contract. Let's say there is a stock broker and ...
John Rawls's user avatar
3 votes
1 answer
421 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 ...
Dave's user avatar
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What are the legal requirements for displaying a Terms & Conditions link on a website?

Are there any legal requirements regarding the display of a Terms & Conditions link? Does it need to be out of flow (popup, banner), or actioned ("I agree" checkbox)? Any specifications on font ...
andrewb's user avatar
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Website liability for user contributed content that may be unlawful?

In a situation where a website: allows users to contribute content (articles, images, comments, etc) specifies in the TOS that those contributions become property of the website, etc. does not / can ...
GWR's user avatar
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Is inappropriate use of a website solely a civil matter, or will it extend to criminal matters as well?

Suppose someone uses a website against its Terms of Service, EULA, etc., such as by using multiple accounts when the website limits users to one account or trial period each (to limit usage), using a ...
joseph-parsons's user avatar
-1 votes
3 answers
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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 ...
Hello World's user avatar
34 votes
3 answers
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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 ...
Chico3001's user avatar
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21 votes
1 answer
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Can I waive my statutory rights?

I've noticed that Steam has recently added this bit of text to its review and confirm page: By clicking the button below to proceed you agree that Valve provides you immediate access to digital ...
user avatar
12 votes
3 answers
10k views

Mistakenly agreed with a scammer’s term of use

Say, someone was scammed by a false online bitcoin mining service. He invested some money to buy the scammer’s service, the service was said to produce bitcoins online at a very fast speed without any ...
gudako's user avatar
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2 answers
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Can a computer program agree to Terms of Service?

Most service providers have Terms of Service that people or entities need to agree to before legally using their services. On another question I had, arguments were made that you needed to be a person ...
Digital fire's user avatar
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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 ...
user37812's user avatar
7 votes
1 answer
517 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 ...
Trish's user avatar
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To what degree do I have to comply to COPPA in this scenario?

The Children's Online Privacy Protection Act (COPPA) is designed to restrict sites collecting information about children under the age of 13 years of age. If I am operating a general purpose web ...
Sam Weaver's user avatar
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3 answers
131 views

Can written notices such as company terms and conditions be rejected on grounds of being too long

Sometimes companies post 30 page terms and conditions notices that an end user must accept by clicking in a box. Can such agreements be rejected well after the fact (after clicking) on grounds like: ...
crokusek's user avatar
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#SOreadytohelp - international giveaway without terms and conditions? [closed]

Currently StackOverflow is celebrating their 10 millionth question. They are randomly distributing a total of 400 t-shirts among participants, over a period of one month. Participation is done by ...
freekvd's user avatar
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1 answer
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Are "exact change only" policies legal?

I parked in a garage that has an automated pay-to-park kiosk - you specify how many hours you wish to purchase, and then insert payment. For two hours of parking, the price was listed as $6. It was ...
alexw's user avatar
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4 votes
2 answers
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Can sharing YouTube links violate copyright laws?

Suppose an app has a collection of links to YouTube videos about a particular topic (e.g., sports). Users can watch video by clicking on the Play video button. This will open up the YouTube video in ...
Shubhanga's user avatar
4 votes
3 answers
326 views

Can a business impose a minimum amout for credit card payment without notice?

Recently, I visited a bar I regularly attend and purchased what I normally get, which has a pre-tip total of less than $10. When I went to pay the check with my credit card, I was told that there was ...
Pyrotechnical's user avatar
3 votes
3 answers
155 views

What can a website Terms of Service require?

I heard of a study where participants were asked to sign up for a fake social media platform with absurd terms (such as giving up your first-born child). I was curious as to what can actually be put ...
joseph-parsons's user avatar
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Does a merger clause nullify implied terms?

The SE legal link says that using SE constitutes an agreement to certain terms. Section 3 on subscriber content states that "all Subscriber Content that You contribute to the Network is perpetually ...
user6726's user avatar
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Google Maps Licensing

I had a question regarding the ToS of Google Maps/Earth, it can be found here: https://developers.google.com/maps/terms Section 9.1.1a states that: (a) Free Access (No Fees). Your Maps API ...
Ateryx's user avatar
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2 votes
2 answers
190 views

What does it mean when an obligation is 'waived'?

A while ago, I received a LOD (Letter of Demand) for an amount of $380 with ABC-CO. I signed up for a service with ABC-CO 10 years ago and terminated the service 5 years ago. I have not received any ...
CheeseBeer's user avatar
2 votes
1 answer
422 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 ...
jnbdz's user avatar
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2 votes
1 answer
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Interpretation of content ownership/usage in service provider agreement

I'm interested in using Firebase. Their terms of service states in section 3.2 that: You hereby grant Company an irrevocable, non-exclusive, royalty-free, transferable license, with rights to ...
Mårten Wikström's user avatar
1 vote
1 answer
314 views

Can a business owner be liable if they provide their service for free?

If a business provides a free online service which involves data storage, is the owner liable if they lose a user's saved data given that they provide the service for free? The business has a ...
pmagunia's user avatar
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1 vote
1 answer
282 views

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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1 vote
1 answer
321 views

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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1 vote
1 answer
193 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 ...
Whazzup's user avatar
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1 vote
1 answer
300 views

Will a site get into trouble if it's users use it's resources for unethical/unhealthy things on the internet?

Take the site 10minutemail.com for example. What if someone uses the temporary email and logs into somewhere on the internet and does something illegal. When the investigations happen, the email will ...
Parthapratim Neog's user avatar
1 vote
2 answers
302 views

An (undetermined) fraud in the terms of use

Before asking this question, I should say some words. Because this question seems similar to another question I asked, I worry someone may mark this as a duplicate without understanding - In fact, ...
gudako's user avatar
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0 votes
1 answer
5k views

Is MCLeaks breaking the Minecraft EULA?

I have been in an argument for the last twenty or so minutes regarding the legality of a website known as "MCLeaks" (link to terms of service), which is a purveyor of free Minecraft accounts ...
Addison Crump's user avatar
0 votes
2 answers
111 views

What are the trade-offs involved in accepting an offer to contract that would combine an installment payment and service fee?

Let's say someone purchased an item on an instalment payment plan from a company. They also subscribed to their services. The instalment scheme is separated from the monthly service fee. That means ...
Skies's user avatar
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-1 votes
1 answer
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Trademarks replicate - America's Cup boat model [duplicate]

We receive an order to build a model of one of the America's Cup team boats (team NZ-winner). Like the attached image. My question is about all the trademarks on the boats. Will it be possible to ...
Andy's user avatar
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