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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1answer
33 views

GDPR & CCPA compliance involving terms of service violation

If a user writes a comment on a website that gets flagged and removed+archived are we still obligated to delete the user content and/or the association of that comment with the person? According to ...
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1answer
25 views

Lawsuit over the breach of Terms and Services against a non-resident

So, there's an automation tool for a well-known US-based online platform. Can that platform sue a non-US-based company (or an individual residing outside of the USA) over a breach of its Terms of ...
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1answer
27 views

How to call the 'agrement' of a user accepting an action or risk?

I am planning a software management solution of storing the user accepted agreements for some of my applications. I have Terms of use and Privacy policies for every app and I want to store them in a ...
24
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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 ...
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1answer
1k views

Is selling an online poker assistance software that is prohibited by poker sites legal?

I own a small tech firm and we have been approached by a team of professional online poker players. They want us to build a real time assistance software that helps them play poker. It works by ...
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2answers
103 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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2answers
238 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, ...
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 ...
0
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1answer
47 views

Making use of client side website files to figure out API endpoints being used

There is a utility website witch I presumed used a backend API. There is no authentication or anything on the website, it's just for public use. Now, I want to build a mobile app that makes use of the ...
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0answers
28 views

Scraping legal disclosure reports to build a database?

I am thinking of scraping business related data from websites like the UK's National Storage Mechanism, where all UK publicly traded security issuers must periodically report various bits of ...
0
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1answer
106 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 ...
2
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1answer
123 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
113 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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0answers
43 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 ...
3
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1answer
314 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 ...
0
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1answer
39 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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1answer
128 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
161 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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1answer
73 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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4answers
92 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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3answers
390 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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2answers
122 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
50 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 ...
2
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1answer
226 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 ...
3
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1answer
99 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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1answer
66 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-...
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1answer
22 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 ...
4
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1answer
188 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 ...
0
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1answer
34 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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1answer
108 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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1answer
73 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
67 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
84 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 "...
2
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1answer
78 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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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): '...
0
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1answer
45 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 #...
0
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1answer
318 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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1answer
80 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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2answers
145 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
297 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 ...
0
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1answer
36 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
179 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
349 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 ...
2
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1answer
66 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 ...
0
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1answer
51 views

If an account is hacked and stolen, can the service provider be compelled to return it?

This story describes how a PlayStation Network (PSN) account holder had their account repeatedly hacked and stolen. Eventually the thief was able to create enough uncertainty that Sony (the service ...
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1answer
56 views

Crawling a web forum and presenting the posts in a search

Is what this site is doing with steam community legal? https://www.steamtrades.com/ I assume that is a grey area, no? So what are the factors that would make it legal or not? I assume one should not ...
0
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1answer
31 views

Google ML Service Specific Terms Inquiry

I would like to get clarification on the use of Google’s Machine Learning Services according to its Service Specific Terms (section 12). I am working on an IVR solution that transcribes audio using ...
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2answers
76 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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2answers
113 views

Can terms of service prohibit a user from quoting content on a website?

I was wondering whether Facebook's TOS on automated data collection would actually be legally feasible. As far as I am concerned there is a universal right of quotation. Of course that will vary from ...