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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2answers
639 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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1answer
708 views

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, ...
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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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2answers
527 views

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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2answers
615 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
223 views

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 ...
4
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1answer
363 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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4answers
673 views

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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1answer
106 views

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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1answer
735 views

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 ...
2
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1answer
149 views

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 ...
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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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3answers
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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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1answer
3k views

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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1answer
1k views

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 ...
5
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1answer
157 views

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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0answers
401 views

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 ...
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1answer
289 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 ...
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1answer
206 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 ...
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0answers
339 views

#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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2answers
2k views

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 ...
2
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1answer
313 views

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 ...
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0answers
55 views

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 ...
2
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1answer
117 views

Is it possible to renounce all responsibility for files on a web server? (Sweden)

I'm going to build a Web server that allow users themselves to upload files, video clips and so on. This will only be available in Sweden. Then my question is: Is it possible to renounce all ...
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1answer
242 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 ...
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2answers
233 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, ...
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1answer
197 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 ...
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1answer
218 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 ...
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3answers
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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 ...
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1answer
40 views

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 ...