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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38
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5answers
15k views

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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3answers
10k 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 ...
25
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2answers
3k views

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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5answers
15k views

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 ...
21
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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 ...
15
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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 ...
12
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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 ...
9
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3answers
1k views

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/) ...
9
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5answers
12k 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 ...
8
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1answer
1k views

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 ...
8
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2answers
696 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 ...
8
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1answer
5k views

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 ...
7
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3answers
2k views

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. ...
7
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1answer
344 views

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 ...
7
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2answers
2k views

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 ...
7
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1answer
217 views

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 ...
6
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1answer
7k views

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,...
6
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3answers
3k views

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, ...
6
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1answer
637 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 ...
6
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4answers
718 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 ...
5
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3answers
152 views

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 ...
5
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2answers
2k views

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 ...
5
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1answer
68 views

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-...
5
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1answer
197 views

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 ...
5
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1answer
356 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 ...
5
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1answer
163 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 ...
5
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1answer
798 views

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 ...
5
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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
85 views

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 ...
5
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1answer
108 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 ...
5
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1answer
267 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 ...
5
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2answers
3k views

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, ...
5
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1answer
145 views

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 chance that the users that pays for the service can possibly ...
5
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0answers
389 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 ...
4
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2answers
1k views

Can I say that I am utilizing same terms & conditions and privacy policy of this (xyz) website?

I am running a service A that uses some other service B. The company L also provides and uses the service B for themself as well for service K. Can I say on my service website A that my service ...
4
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2answers
986 views

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 ...
4
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5answers
2k 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 ...
4
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1answer
199 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 gift ...
4
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1answer
136 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 ...
4
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2answers
174 views

Do Google/Apple have total control over apps on their store?

Can App stores remove specific apps at their discretion? Or do they have to set forth rules about what is allowed and then follow those rules? One thing tells me that it is their store, so they can ...
4
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2answers
625 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 ...
4
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1answer
439 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 ...
4
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2answers
971 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). ...
4
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1answer
250 views

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 ...
4
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2answers
3k 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 ...
4
votes
1answer
117 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 ...
3
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3answers
866 views

Can a free website have a terms of service?

I co-own a free website that recently underwent a spam attack. I have considered a terms of service to keep people from abusing the website. However, upon reading sites that inform me how to create ...
3
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2answers
686 views

My nickname violate the Google+ Names Policy, how about my privacy?

I would like to use my nickname instead of full name when commenting on random posts within Google network. However when I wanted to enforce that (by changing my Full Name into nickname), I found out ...
3
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1answer
150 views

Can I amend boilerplate contracts by mail?

I am party to a number of contracts (website terms of service, for example), where a service operator writes the contract, and I agree to the contract by using the service. If the other party wants to ...
3
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2answers
220 views

Does Github's License Grant clause in the ToS make one legally liable?

The popular Git Repository hosting service used by many open-source projects Github recently adopted a new Terms of Service. I am puzzled by the implications of the License Grant Section. Which is ...

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