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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Is ban evasion illegal?
What is the legality of "Ban Evasions"? This sounds like a dumb question but perhaps enlighten the ignorant.
Ban Evasion, "The creation of a new account on a platform or website after being ...
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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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Is asking users to waive GDPR compliance a legal way of escaping GDPR data handling requirements?
I have recently come across this part of an app from a well-known US company:
Is this a legal way of handling some of the technical obstacles GDPR introduced? Is this a "flexible" interpretation of ...
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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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Can a software company forbid individuals to consult on how to use their software?
I read on https://easychair.org/licenses:
Please note that we do not allow any organizations or individuals whose professional duties include conference organisation or who are paid, in any form, for ...
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Is it legal for a company to require you to delete your account to unsubscribe from marketing emails?
I'm subscribed to "Visual Studio Dev Essentials" (so that I can download older versions of Visual Studio from the Microsoft website), but they are sending me unwanted marketing emails ...
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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 ...
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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 ...
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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 ...
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What does Firebase "use exclusively for purposes related to my trade, business, craft or profession" mean?
I'm creating a project in Firebase and it's asking me to confirm this statement:
☐ I confirm that I will use Firebase exclusively for purposes relating
to my trade, business, craft, or profession
(...
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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 ...
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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 ...
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Is there any law that Windows 10 "spying" might violate?
Windows 10 terms of service document includes Microsoft privacy statement which contains the following excerpt (as cited on http://bgr.com/2015/07/31/windows-10-upgrade-spying-how-to-opt-out/)
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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 ...
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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 ...
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Is a job offer letter sent and accepted by email, legally binding?
TL;DR: You could also jump to the last paragraph.
I was interviewed and selected by a software startup in India. Saturday was not a working day for them, but yet their tech VP, product manager and ...
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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 ...
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Can an airline forcibly remove a senior citizen who is wearing a soiled adult diaper?
I am curious to know if an airline has a legal right to forcibly remove a senior citizen from an airplane if it is discovered that this person is wearing a soiled adult diaper.
Say for example that ...
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How can a license agreement or terms of use be enforced on a minor?
Since a license agreement/terms of use document is a contract between the publisher and the end-user, and since minors are prohibited from entering into legally binding contracts in most U.S. states, ...
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Legality of creating bot accounts in Facebook/Twitter/Instagram
I am a programmer and have a job offer to create a script that will automate the creation of a Bot Farm. So my boss wants me to develop a program to mass-create Facebook/Twitter/Instagram accounts.
...
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Why exclude 13 world countries from international sweepstakes or giveaways?
Why are 13 countries excluded from various contests, giveaways, sweepstakes
run by many different types of organizations on the Web?
These countries are: Taiwan, South Korea, Portugal, Italy, Austria,...
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Does a German visitor implicitly agree to a website’s Terms of Service when reading a page?
When Bob visits a website and reads a page, does he implicitly agree to the website’s Terms of Service?
The ToS are linked from each page (e.g., in the footer), and they say something like "By using ...
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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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Is it even possible to use the Google Maps API without violating their terms of use?
I went to the Google Maps API terms of use page and scrolled down and found section at 10.5f, which read:
No incorporating Google software into other software.
You will not incorporate any ...
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What's the validity of different versions of Terms of Service (Software, Web)
Many people sit around and nitpick about wording that's added or subtracted. They have many terms for this but its essentially everything they get you to agree before they allow you to use a web ...
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Accepting online contracts on behalf of a corporation
I use a computer and the Internet for work. I use a lot of software that is licensed to my employer.
Say some software licensed to my employer pops up its license on my employer's computer and demands ...
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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-...
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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, ...
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Can I resell my Amazon gift card?
I bought an Amazon gift card, and I would like to sell it to my friend.
However Amazon Gift Card Terms and Conditions §2 states:
Gift Cards cannot be reloaded, resold, transferred for value or
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EU Cookie Law can I use cookies before users' consent?
I am trying to get my website to be EU Cookie compliant and I have encountered some plugins which have something called "implied consent" in other words a popup appears on the website saying something ...
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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 ...
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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 ...
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What can be the consequences of indemnification clauses in online terms of use?
A lot of online services prompt users to accept conditions of use that have clauses for indemnification that look very much like there is a chance that the user who pays for the service can possibly ...
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Can a dispute resolution clause be set aside?
In relating to an international contract that includes a provision that in 'All dispute in relation to user agreements will be referred to California by Arbitration
My question : If the disputes ...
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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:
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Is "cheating" in offline, single-player games illegal?
I understand there are laws like the Circumvention of Technological Measure (CTM), Computer Fraud and Abuse Act (CFAA), Digital Millennium Copyright Act (DMCA). According to these laws it's considered ...
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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). ...
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Is using hidden city ticketing a theft of service?
In some cases, A-B-C flights (from A to C with layover at B) cost less than a direct A-B flight with the same company. "Hidden city ticketing" is the practice of taking the cheaper A-B-C ...
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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 ...
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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 ...
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Is my lyrics searching program illegal?
I have developed a program that scans your media folder, finds the lyrics of each song online and saves them.
To do this, my program manages to find the website where the lyrics is posted (I use ...
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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 ...
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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 ...
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Host a public wiki website: how to make every contributors' content to be licensed under CC-SA automatically?
I'm trying to host a wiki website which is similar to Wikipedia: all contents licensed under Creative Commons Attribution-ShareAlike License. Besides putting a footnote at each page to explicitly ...
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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 ...
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What does this "Forfeiture of the right of withdrawal" section mean in a Terms of Service agreement?
My client has asked me to sign up for toggl.com so they can do their taxes. However, I saw this alarming section in the Terms of Service and am now unsure as to whether it is a good idea to sign up:
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Does Google routinely form contracts by accessing web sites with their crawler?
Many web sites contain terms of service, where the web site puts a link to "Terms" or similar, and anyone who accesses the web site forms a contract with the web site operator under those ...
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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 ...
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Can HOA force you to pay dues for a community service you do not use?
To begin this, I have lived in this residence for a decade now. The community charges $300 annually for access to the community pool, to which I only actually used the first three years living here. I ...
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What prevents companies form putting "You can't sue me" in their disclaimer?
In a disclaimer or a Terms of Use document, there are often pages and pages of statements like "We are not liable if you do this", "We are not liable if you do this", "We will not give more than $50 ...
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