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
13 views

Is imposing taxes on WhatsApp use legal or not?

I hope this is the right SE site to ask this question. Recently, in Lebanon, the government decided to impose a daily tax on the first call made using WhatsApp call feature, equal to 0.2$. Now ...
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1answer
58 views

Requested to remove YouTube embeds?

I used the YouTube API to play a series of videos hosted by one particular YouTube channel of national (US) prestige. About a month later, I received a letter from one of their attorneys requesting to ...
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1answer
303 views

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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1answer
73 views

Impossible-to-satisfy requirements for opting out of arbitration

I recently started using an online service whose Terms of Use include a mandatory arbitration provision. The terms include the statement You can opt out of the arbitration and class action waiver ...
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1answer
84 views

Facebook contract Vs Minors

A minor's ability to contract at face-value is straight forward, any contract with a minor that is not for necessities (food, medicine, clothing, and lodging), and was not approved by the parents/...
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72 views

Consequences of blank check on privacy policy?

Some websites intentionally hide access to privacy policies and terms & conditions they require users to agree to. For example, consider the Hotel De Anza. If you click through the steps of the ...
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1answer
108 views

Wag! Terms of Service

Wag! is an app for dog sitting services. According to their terms, once you get acquainted with a pet care provider through Wag! platform, you cannot obtain for life pet care services from the dog ...
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28 views

Is it obligatory to store ToS and Privacy Policy consent for a web app?

I've been trying to find if it's obligatory to store in a database the consent given by an user regarding the ToS and Privacy Policy, but at best what I can find is sentences saying "should". So my ...
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21 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): '...
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847 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 ...
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1answer
25 views

Unsolicited ideas clause in terms of service in the context of corporate email contact links?

Most term of service contracts have a unsolicited ideas clause that contains language like: suggestions or ideas relating to enhancements, new or improved products, technologies etc. If the ...
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3answers
96 views

Do I need some verification for Terms of use and Privacy Policy if I write them by my own?

I have an app and don't want to pay somebody to write them for me. The Terms and Conditions and Privacy Policy are pretty similar with other's websites/app and I want to rewrite them by my own. Do I ...
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1answer
53 views

Is it legal to create user accounts on behalf of users?

Suppose that a customer wants an online or cloud service provider to port all their users from their old system to the provider's new system. Most of them won't know this is happening. It seems like ...
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40 views

Writing/using selfmade API for DeepL

I just learned that scrapping the web is not always as legal as I thought it is. Apperantly a website can prohibit in its Terms Of Service the use of webscrappers for their website. The translator ...
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5answers
954 views

Is it legal for an auctioneer to know max bids and place bids themselves to increase the price?

There is an online auction that has the option to place a max bid (an automated process for the bidder to bid up to a specified value). Also, in the terms & agreement for the auction, it is ...
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4answers
67 views

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 ...
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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 by way of ...
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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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107 views

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 ...
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68 views

Is web scraping legal without authentification?

I am currently learning how to web scrape the web and I encountered a major problem. It seems that every website has some part of its terms of use talking about web scraping being strictly prohibited....
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1answer
35 views

Assignment of Contracts in business acquisition - do they require notice?

Actual scenario: The Terminix International Company Limited acquires local pest control company, Insight Pest Solutions of Omaha, Nebraska. I, the consumer, had previously been in contract with ...
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2answers
492 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 ...
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1answer
68 views

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 (...
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1answer
58 views

Building a site like socialbade illegal?

There are plenty of sites that seem to grab/crawl public profiles form Instagram, e.g. Socialblade, Instastatistics, or Likeometer. What I read from Instagram’s TOC is that this is violating these ...
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72 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 ...
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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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119 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 ...
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95 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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1answer
21 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 ...
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1answer
118 views

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 ...
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35 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 ...
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1answer
26 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 ...
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87 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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2answers
105 views

GDPR - Confirm company terms and conditions by button click

This May the General Data Protection Regulation (GDPR) will be applied across the EU. I read somewhere that users have to always 'opt-in' after this law is effective. Since I'm concerned about ...
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1answer
53 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 ...
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1answer
47 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
60 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 "...
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7k views

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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1answer
72 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 ...
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1answer
40 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
52 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 ...
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109 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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1answer
70 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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32 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 ...
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1answer
92 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 ...
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1answer
34 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, ...
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1answer
159 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 ...
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2answers
242 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 ...
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1answer
57 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 ...
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35 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 ...