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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50 views

Under Nixle's Terms of Service, am I allowed to analyze e-mail alerts?

I'm looking to create an application that correlates flood watches/warnings with road flooding reports. The road flooding reports may be available on Nixle. Thus, the idea is for the user of my ...
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1answer
1k views

Legal to scrape social media for pictures?

Can there be any legal problem with scraping social media sites (like Instagram and Facebook) for pictures without registering a user or using the sites' APIs? Could sites sue me for copyright ...
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399 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 ...
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83 views

Limitations of software development & scraping

Many sites prohibit scraping of their content, which is understandable. But I do not clearly understand what approaches of data collection are considered to be scraping, or even allowed to be ...
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163 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 ...
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1answer
80 views

Written evidence vs terms of service

Me: from Europe Company A: from United States of America I signed up for a service from company A. A stated in their written e-mails to me that I would get a full refund when the service they ...
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3answers
92 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 ...
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0answers
1k 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 use ...
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2answers
268 views

What should I store when a user agrees to a click wrap agreement?

What are the security measures and precautions I should take when a user signs up and checks the click wrap agreement? What information should I save again each agreement and should I save the ...
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1answer
115 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
73 views

Client has no right to have services similar to the Services performed by Client’s staff - is it legal?

Can this provision "The Client has no right to have services similar to the Services performed by Client’s own employees or subcontractors or by other third parties." be illegal? For example, a ...
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1answer
237 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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846 views

Why an app that streams audio from third party site that extracts audio from Youtube is illegal?

Ok, so, let me provide a little background on the topic, I've built an app that mimics the Youtube app, except upon selecting a video it connects to one of the various youtube to mp3 converter sites, ...
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64 views

Can I create a website that restricts political opinion of user-generated content?

Say I created an animal rights tool, in which most of the features are community developed and voted on by the community. Highly-rated users can create buttons without approval. I clearly am doing ...
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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 ...
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0answers
581 views

I agree to the terms and conditions on this website

In the US we have the concept of a digital signature being anything that two parties agree to being a "signature". We are just now internationalizing our website and I'm wondering just how valid our "...
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156 views

To what extent is this “Terms and Conditions” clause legally valid?

As far as I understand, certain types of clauses that are fully enforcable if added to a written contract are not enforcable as part of a "Terms and conditions" document. For example, I can ...
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1answer
124 views

Keeping a user's agreement to service terms after the account was closed?

When new users sign up on my software as a service platform they have to agree to the terms and conditions. That they did so is stored in a database record along with the revision of the legal ...
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1answer
59 views

Is my application commercial according to this definition?

I'm planing to use the Imgur API in my own application. According to their document(emphasis mine): Commercial Usage Your application is commercial if you're making any money with it (which ...
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1answer
52 views

Do I have authority to display images according to Terms of Use? [closed]

In my Android app submitting for approval I am using OMDBApi.com and showing movie posters were retrieving from their Api. According to Terms of Use do I have the authority to display content? How ...
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2answers
110 views

What stops some companies taking advantage of User Stupidity with the Terms and Conditions?

Most of us who work on computers would know that the vast majority of users don't read the terms and conditions of software or websites, blindly clicking on the "i agree" box/button/link. sometimes ...
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52 views

What information can I ask as the owner of a website to the clients of site?

I am not knowledgeable when it comes to IP and copyrights ! Any replies are greatly appreciated! I am planing to go on Kickstarter with a website that offers speech synthesis to its users. I want ...
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75 views

Can a company make a late payment charge that is greater than the maximum permitted by law?

A reasonably large online services provider includes the following in their Terms of Use (my emphasis). If Your credit card is declined, You agree to pay Us the fees within thirty (30) days of ...
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769 views

Google Map image use in public presentation

The IP statement supplied by Google Maps outlining permissible use of images of their maps is rather vague (to me at least) see link (https://www.google.com/permissions/geoguidelines.html). They give ...
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3k views

Can terms of service override any written laws?

Can ToS override some/any aspects of written laws, or rights granted by written law? I know that ToS cannot compel one to commit murder, theft etc, and that most human rights are off limits. I've ...
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497 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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310 views

Legal to share malware code/sell malware products?

I program / rewrite (from security analysis / reverse engineering) different kinds of malware software as a hobby. Those include some pretty malicious things like ransomware extortion viruses, banking ...
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70 views

Can a company raise the cost of a service partway through a service period?

We've been paying $500/month since we started using this SaaS company several years ago, as one of their first customers. The company sold to some other company in April. On July 19, of this year ...
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1answer
675 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 ...
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1answer
94 views

What type of legally binding document do I need to offer my own services and make a client responsible for their use of my own deliverables?

Lengthy question. I offer software analysis services. I can tell a business what technology they need, how to put it together, and give them the materials to start hiring developers with. I don't want ...
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1answer
312 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 ...
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1answer
811 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 ...
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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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27 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 ...
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58 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
82 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
639 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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1answer
70 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? ...
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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 ...
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1answer
250 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 ...
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0answers
100 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 ...
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1answer
64 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 ...
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1answer
234 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 ...
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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. ...
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2answers
54 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 ...
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1answer
40 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 ...
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2answers
1k 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 ...
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2answers
4k 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 ...
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360 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/...
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1answer
24 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?