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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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21
votes
1answer
2k 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 ...
13
votes
2answers
865 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 ...
9
votes
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/) ...
8
votes
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
votes
1answer
3k 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
votes
1answer
263 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 ...
6
votes
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. ...
6
votes
2answers
493 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 ...
6
votes
3answers
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 ...
6
votes
2answers
1k 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 ...
6
votes
1answer
188 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
votes
4answers
523 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
votes
2answers
996 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
votes
1answer
49 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
votes
1answer
145 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
votes
1answer
3k 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,...
5
votes
1answer
112 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
votes
1answer
488 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
votes
1answer
658 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
votes
1answer
67 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
votes
1answer
84 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
votes
2answers
2k 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
votes
0answers
309 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
votes
5answers
964 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
votes
1answer
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 ...
4
votes
1answer
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 ...
4
votes
2answers
158 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
votes
2answers
363 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
votes
1answer
121 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
votes
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 ...
4
votes
1answer
304 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 ...
4
votes
3answers
2k 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, ...
4
votes
1answer
127 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 ...
3
votes
2answers
643 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
votes
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/...
3
votes
1answer
95 views

How can clicking on “I agree with …” have any legal weight?

Many times you have to agree with some conditions or terms on website by checking the "I agree" checkbox or clicking some button. Or this - we are working on an agreement email for our client - our ...
3
votes
1answer
915 views

Is the Benchmarking clause in VMware's EULA actually valid?

The VMware End User License Agreement reads as follows: 2.4 Benchmarking. You may use the Software to conduct internal performance testing and benchmarking studies. You may only publish or ...
3
votes
2answers
593 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 ...
3
votes
1answer
263 views

Does “personal, noncommercial use” preclude use of Pokemon GO “Lure Modules” to attract players to non-commercial events?

I represent a local denomination that is actively trying to get people to learn about our church by attending a church service. To help accomplish this, I would like to place a "Lure Module" near my ...
3
votes
1answer
214 views

What can Thingiverse do with my Things according to their Terms?

A while back (It looks like 2012ish), I think before MakerBot bought Thingiverse, Thingiverse changed their Terms of Service/Use (ToS/ToU) and The Internets were up in arms about it, claiming that the ...
3
votes
1answer
176 views

How It is with sharing content on Facebook

Facebook Terms of Service contains (3.8.2015) the following text in section 2.4: When you publish content or information using the Public setting, it means that you are allowing everyone, ...
3
votes
3answers
89 views

Correct spelling in ToS

May I correct spelling issues in my ToS without prior notification? According to §308 (5) BGB I need a "Fingierte Erklärung" (fictitious statement) with a time limit for the user to acknowledge and I ...
3
votes
1answer
187 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 ...
3
votes
0answers
993 views

Is it allowed to use the Spotify Web API for commercial projects?

I have a simple question concerning the Spotify Web API. Is it legal to retrieve data from this service as a base for my app which then should be commercial? Without going too much into detail: I ...
3
votes
0answers
193 views

Commercial/free third-party application to browse/watch YouTube, is that legal?

Let's say there is an internet browser that allows browsing/watching content from YouTube while blocking their ads. Also the browser can be a free or paid application, or can show ads from a third-...
2
votes
1answer
135 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 ...
2
votes
1answer
176 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 ...
2
votes
1answer
506 views

Commercial Use of Recorded Output made by Speech Synthesis via Web Speech API on Chrome

I use the Web Speech API via Chrome to synthesize speech of my original text. I record the output audio using some other software. Do I own the copyrights to that recording? Can I sell the recorded ...
2
votes
1answer
94 views

How ironclad are businesses's terms and conditions?

I was wondering how binding my websites Terms and Conditions are. I specify a few things there, including a return policy and terms of use. I am in California. I'm starting to sell to the U.S. and ...
2
votes
1answer
59 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 ...