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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4
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1answer
275 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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78 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
53 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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2answers
98 views

Can we write anything in a Terms & Conditions agreement?

I'm wondering if anything can be written in Terms & Conditions agreements and, if some rules apply, what are they (preferably in the EU)? There's this famous South Park episode HUMANCENTiPAD ...
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0answers
72 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
99 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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1answer
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 ...
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2answers
111 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. ...
2
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1answer
82 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 ...
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3answers
141 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
102 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
48 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
58 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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1answer
43 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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2answers
45 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
1k 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
437 views

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. ...
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3answers
9k views

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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0answers
53 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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1answer
109 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, ...
2
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1answer
50 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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2answers
55 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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1answer
84 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
66 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
203 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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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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1answer
64 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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0answers
61 views

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
53 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 ...
4
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1answer
114 views

Will people under 16 in the UK be able to use WhatsApp when we leaves the EU?

In the WhatsApp Terms of Service (and yes, I generally read a service's TOS before signing up) it states that "If you live in a country in the European Region, you must be at least 16 years old to use ...
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1answer
75 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
105 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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0answers
29 views

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
46 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
731 views

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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2answers
47 views

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 ...
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2answers
6k 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
120 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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2answers
174 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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1answer
20 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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0answers
14 views

What are the legal implications of selling Apple/Android system GUI for Sketch, Figma and Adobe XD?

I was thinking of doing a commercial GUI for Sketch, Figma and Sketch but I kept wondering what would be the legality of this? Isn't copying for example the iPhone home screen and selling it as ...
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0answers
22 views

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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0answers
49 views

Is it allowed to store the results from Google Translation into my database?

At the moment I am developing a new platform. On this platform users will daily generate content in different languages. I would like to translate this content one single time (with Google Cloud ...
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1answer
28 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
33 views

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
409 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 ...
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1answer
37 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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3answers
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 ...
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1answer
51 views

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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0answers
33 views

Trying to understand the ToS of YouTube when embedding videos in other monetized websites

I'm working on an idea pretty similar to the infinitelooper.com website but am having trouble fully understanding the terms of service of YouTube. Inifinitelooper was created way back in 2010 when ...

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