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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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5
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1answer
655 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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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, ...
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1answer
26 views

Which country's court interprets EULAs and Terms of Services online?

I'm thinking of writing a new kind of EULA for my software and Terms of Service for my art commissions and website. I'm not sure of which country a court interprets those legal documents. I live in ...
0
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1answer
57 views

If raw data is made available for non-commercial use, am I allowed to seek profit from the use of statistics I gather using the data?

The CHP has a traffic database filled with raw data that is for "personal, non-commercial use". Here's the database: database What I want to do is use this data to compile some statistics, the use of ...
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2answers
69 views

Is there any obligation to provide a service after a contract expires?

I had a contract to provide web services to someone for a few months. The contract has now expired and has not been renewed. The client was horrible to work with and I no longer want to work with them,...
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1answer
498 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? ...
1
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1answer
62 views

'Click To Agree' Terms of Services And Other Digital Agreements

I've seen countless TOS/EULA/Legal agreements that basically say, 'Click here to Agree'. What legal implication (if any) is there if I circumvent the action of clicking on that link/checkbox/button? ...
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 ...
1
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1answer
103 views

Do websites need to notify users when PP and TOS are cosmetically changed?

Websites are supposed to notify their users if the Terms of Service or Privacy Policy are changed. What if the meaning remains the exact same, and only the syntax, spelling, etc are changed? Here are ...
2
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0answers
93 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 ...
1
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1answer
56 views

Is an “Acceptable Use Policy” and TOS enough to protect me from personal liabilty?

I do NOT have an LLC. I'm creating a website that allows users to submit their photos and artwork for voting. (no cost for memberships) When a user signs up, they'll check a box saying they've read ...
3
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1answer
186 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 ...
1
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2answers
48 views

do you have to agree to terms of service before they apply?

Here is a scenario: If you donate to someone through a page with no reference to the terms of service (no tick box or link) on that page and sent a message with the donation through the same page. ...
1
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2answers
51 views

Legally speaking who is a client?

As a service provider, we have been providing services to a particular business for almost a year now. No contract or framework has been signed for the services provided. A contract negotiation has ...
2
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1answer
33 views

Does a TOS also apply for third-party resources on a website?

Let's say there is a website X, providing some kind of information or service. I am not their registered user, do not go to their webpage. I open somebody else's webpage Y which somehow incorporates ...
5
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2answers
994 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 ...
0
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2answers
3k 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 by way of ...
2
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0answers
331 views

“Plain English” website Terms & Conditions

I'm attempting to launch a website - to be specific a job portal. There will be two target users: 1 - Employees, 2 - Job Seekers I wish to offer a plain English Terms of Service/Terms and Conditions/...
0
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1answer
23 views

Is unequal application of a site TOS either a civil or criminal violation?

If a site is not treating all of its users the same way, and is applying the TOS against some users, but not others, is this in any way a violation of civil or criminal law?
5
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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,...
3
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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 ...
2
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1answer
111 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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1answer
47 views

Legality of invoicing a content spammer for advertising fees and enforce such an invoice?

I am wondering if it would be legal for party A to invoice a company which posts spam advertisements on a website owned by party A which has a terms of service prohibiting such unsolicited and ...
0
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1answer
24 views

Making Terms of Use and Service. I put “these sentences” at the end. Do they mean same?

For last week, I had finished making "Terms of Use ans Service" but this agreement should be translated into several languages such as Chinese. At the very end, I wrote: In the interpretation of this ...
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0answers
467 views

Is web scraping content from the web illegal ?

I would like to create a service that gathers contents from other news websites and display them in a way that may not necessarily be violating the source's terms. The intent is to aggregate data ...
0
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2answers
54 views

Internet Retailer Sharing Customer Information on Review Site

Recently, I had a poor experience with an online retailer. After the retailed failed to resolve the issue, I filed a BBB complaint. The retailer then notified me that they had posted my "customer ...
0
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1answer
462 views

How is Citymapper not breaking the Google Maps Terms of Service?

Having read the Google Maps Terms of Service, I don't understand how Citymapper is not breaking section 10.4.c: "Restrictions on Unfair Exploitation of the Service and Content." Surely they must be ...
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2answers
92 views

Google Maps Terms of Service

I came across a section of the Google Maps Terms of Service (link) that confuses me. I am currently developing a phone app and would like to use Google Maps. Is this section saying that Google owns my ...
2
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1answer
103 views

For a website owner's ToS to shield him/her from liability, does it have to be written in terms of a proper legal entity, like an LLC?

Suppose Bob and Terry Jones own the domain example.org, and are going to start a website called ExamplePedia. It will be a lot like Wikipedia: a non-profit, web 2.0 site, hosting collaboratively ...
3
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2answers
592 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 ...
7
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1answer
262 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 ...
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1answer
80 views

Is our website responsible for users' offline actions?

On our website clients find models for their photo shootings, castings, promotional events, etc. A client transfers an escrow payment to us and when a model finishes the job we sent the money to the ...
0
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1answer
80 views

Do I need terms and conditions and privacy policy on my website

I have made my own website with a simple blog and login facilities so users can play a simple game I have made. Do I need terms and conditions and a privacy policy? I have already implemented a cookie ...
4
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5answers
954 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 ...
0
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1answer
71 views

Am i allowed to share a photo of Apple Maps

I am developing a iphone application, and I want to know if I am allowed to share a map screenshot (photo) of a area that has my custom draings on it. I am using Apple Maps, and I want the user to be ...
1
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1answer
485 views

Does an offer letter need to mention the terms of termination of employment?

I received an offer letter from a startup in India, which mentions: Your assignment shall be based in CITY_NAME and your appointment will take effect from the date of your joining, which shall be ...
8
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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 ...
4
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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, ...
3
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2answers
642 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 ...
1
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1answer
113 views

Facebook does not obey the Google Play's central opt out of the Ad ID

Facebook states in this Terms and services that it respects Google plays advertising id: Yes, the Audience Network SDK for Android uses the Advertising ID and respects its limit tracking option in ...
4
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1answer
126 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 ...
1
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3answers
110 views

How to prevent internet company from changing Terms of Service?

So you sign up on website.com, you click on the notorious I accept tos and privacy policy checkbox (many without reading it) and you pay for the service. Month later, website changes their TOS page ...
3
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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 ...
2
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0answers
70 views

Why Does My Client Say They Need This Long Paragraph Under Their Web Forms?

Apparently their compliance department (they're a for profit college) says they have to have this under every form, but I've never seen anything like this: Clicking the contact us today button ...
2
votes
1answer
632 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 ...
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0answers
26 views

How to approach integrated extended service and durable goods UCC SOF K

A and B are friends. A is a reputable retailer specializing in shoes. B asks A for economical help, and A agrees that if B can manufacture a custom shoe that they'd continue working together. Some ...
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2answers
638 views

Outlook.com crawls links in my emails

I've recently discovered that when opening an email with a link in Outlook.com the link is being crawled by Microsoft. It seems to me that this is a severe breach of privacy – such links can ...
6
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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
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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 ...
2
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1answer
270 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 ...