6

In such a case the person who bypasses the terms knows that use of the site is conditioned on agreement to the terms, and has taken an explicit action to continue past the terms and use the site. I suspect that if a dispute were to arise where this is relevant, it would be held that taking such action was legally equivalent to clicking "I agree". But I don't ...


5

Terms and conditions aren't necessarily binding It's worth noting that while activities such as the Wayback Machine have had many legal issues, they're mostly centered on copyright, not regarding terms and conditions. A key part of this is that terms and conditions are not law, and they're not binding contract to which you've somehow agreed. Quoting ...


5

If you were to seek legal recourse for breach of contract (their Terms and Conditions), the best outcome you could hope for would be "making whole", and since they have already offered this a court could award you what the retailer already offered, but make legal costs on both sides the plaintiff's liability (ie. you), since you could have taken the offer ...


4

To answer the question in your title: Yes, software licenses are copyrighted. They are written works that involve (significant, expert) creative effort to create. The best solution would be for Grammarly to hire a lawyer and say "we want a new EULA. We think this one covers a number of points our current one doesn't". Most legal documents will be ...


4

Facebook can continue to gather and exploit data, modulo the requirements of COPPA, because it does not depend on obligating a minor to do something, such as pay money or dig a ditch. In general and because of copyright law, nobody has the right to use anything that Facebook provides unless Facebook grants the user permission. The user has no obligation to ...


3

Each service of those services may have a legal agreement in place with Instagram and can crawl and scrape legally. Read the TOS for each of those services; they may state that they have a licensing agreement with Instagram, but any such agreements may also be confidential. On the other hand, those sites might be operating illegally, and Instagram 1) may ...


3

No. You need to actively be given permission for you to have permission. If they don't reply you don't have permission and are violating their ToS.


3

The theatre is a private place. You may enter it only with the permission of the owners. They are not obliged to grant you that permission. They have the right to refuse admission on almost any grounds they choose. I say "almost" because many jurisdictions have laws about things like race or gender discrimination. I suspect in India it would be illegal ...


2

There are two possible ways this arrangement would work: The business’ terms of payment were 60 days and now the are Cash on Delivery. As each transaction is a seperate contract, they can set the terms on each however they like. You have credit contract with the business independent of the substantive transactions. These are common in B2B relationships but ...


2

Such a modified app would be a derivative work of the original app, and thus would be an infringement of the copyright of the original, unless permission had been given (including an open source license which permits such modifications). That would be true in pretty much every country in the world. In the US at least, such an infringement would normally be ...


2

Is this legal or violating the TOS of instagram? It’s violating the terms. But isn't it implied consent by using our hashtag? First, nobody owns a hashtag. Second, no.


2

No matter who uploads video content to YouTube - be it an individual, another site or a third-party app - the uploader is still bound by YouTube's Terms of Service and copyright stipulations: You further agree that Content you submit to the Service will not contain third party copyrighted material, or material that is subject to other third party ...


2

I am still curious if my fear on giving up too much by accepting that TOS is groundless or not. I am not knowledgeable of New Jersey legislation that may render these clauses unenforceable. But your understanding of the contract is accurate. I would never sign a contract that includes clauses of that nature. Posting on your fridge a properly marked ...


2

I think the assumption that Netflix operates on the same terms as are offered to small-scale developers is highly questionable. Netflix are big enough that they have probably negotiated their own terms. Notwithstanding, a party to a contract is free to allow (‘waive’ being the legal term) violations of that contract by the other party. These can be one off ...


2

The terms are not "open for interpretation"; to me they are very clear. What could be open for interpretation is if a particular phone is damaged or not. In case of a disagreement, the buyer could try to use legal means (consumer protection buraue, mediation, lawsuit, etc., whatever that applies) to press forward his allegation that the phone is not damaged ...


2

The Terms-of-Service are a legal contract between the user and the website (or something like that - the actual force of such a click-through contract most people don't really read is disputed in some jurisdictions). This only affects the relationship between these two legal entities. So unless the terms of service explicitly guarantee the user a slander-...


2

The question that you need to answer is whether, when you embed, you "copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any Content". It seems that you have done that, i.e. you didn't just "watch". The next question is whether you have "prior written consent of YouTube". Youtube requires a license from ...


1

In general, contracts are assignable be either party unless they are for personal services or expressly provide that they aren’t. Apart from the practicalities of performing the contract, there is no requirement to inform when assignment takes place. So, if the previous company had a valid contract with you and they or the new company provided services for ...


1

Assuming that the company (call it Acme) includes in its terms of service something like: We do not accept or consider, directly or through any Acme employee or agent, unsolicited ideas of any kind, including, without limitation, ideas or suggestions relating to new or improved products, enhancements, names or technologies, advertising and marketing ...


1

There are three different roles involved: end users, the company, and the provider. There already is some legal relationship between the end users and the company. Your question seems to boil down to: can the company create a legal relationship between the provider and the end users? The company cannot enter any agreements on behalf of the end users, ...


1

It totally depends on the countries (versus languages) of your target audience. A Chinese version of a website domiciled in the UK does not necessarily target visitors living in China. Absent any other clues, it targets visitors who prefer to use Chinese language. These can potentially be anywhere: for those in the UK you will need to have mere translation ...


1

International contracts are tricky (Which is not to say that intra-national ones aren't tricky) Let's say you are based in the United States and put in your terms of service that it will be governed by the laws of Washington - like this. While choice of law is generally upheld as valid in most jurisdictions, there are some local laws that cannot be ...


1

Should a multi-language website have different privacy policy and terms of use content for the languages it implements? No, absolutely never. Even if you opt to have translated versions of your terms of use available, every single version of your terms needs to include all of the same content. You cannot guarantee a French user will read the French language ...


1

What is the meaning of “Additionally, and subject to our obligations hereunder and under X”? In terms of the ToS you reproduced, it means that you grant only the rights that are not in conflict with the "PHI" portions of their Data Sharing and Protection Policy. The clause "subject to X" means that X shall not be infringed. And the language "subject to X ...


1

Providing the terms comply with consumer law in the relevant jurisdiction and they are presented through a click-wrap (i.e. you tick to acknowledge you agree to them), they are legally binding. Note: common law renders unconscionable terms unenforceable and many consumer laws extend this to unfair terms.


1

Quite independent from copyright infringement, if you trick me into installing this software on my computer instead of the original one, I would suspect that this will fall into hacking territory. You cause my computer to do things that I don't want it to do, that's hacking. Whether you achieve this by exploiting some bug in my computer's software, or by ...


1

The main problem with this is that scraping and modifying something creates a derivative work, and US copyright law, which very likely applies, lists creating derivative works as one of the things only the copyright holder can do without a license. As you notice, the Target TOS explicitly forbids modification of their pages. The fact that it's a Chrome ...


1

A developer can, if s/he so chooses, write a TOS document, an EULA, and/or a privacy policy. There is a risk that such a self-written document may not have the desired legal effect, if a legal challenge occurs, or the documents are significant in some legal case. If the documents are similar to those used by several other similar apps published by large ...


1

Is that enough to protect myself and the company from legal responsibilities because of these bullies? The disclaimer is reasonable. It seems safe to me. In fact, common practice and U.S. law suggest that this type of disclaimers are unnecessary (see below). You might also want to add a reminder that users' identifying information, contents, and other ...


Only top voted, non community-wiki answers of a minimum length are eligible