45

In theory, such an action could be considered a violation of the Computer Fraud and Abuse Act, specifically 18 USC 1030 (a)(2)(C): Whoever...intentionally accesses a computer without authorization or exceeds authorized access, and thereby obtains... information from any protected computer; Where the relevant "protected computer" definition is in the same ...


40

GDPR does not cease to apply because of the location of data storage. It applies based on the location of the data processor, data controller, and data subject. If you are in the EU, you are a data subject covered by GDPR. It does not matter where the data are stored. Note that you are asked to confirm that you're aware that US laws may be less ...


28

Accused of what? Clearly stating under which conditions you (the accuser) would earn money by doing nothing more than staying online for 7 days? You agreed to these conditions, but did not fulfill them, so the scammer (the accused) was the one that earned money for doing nothing. The scammer had the same motive as you had, earning money for doing ...


26

GDPR consent must be freely given The GDPR conditions for consent define it as (article 4.11) "‘consent’ of the data subject means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to ...


18

As IllusiveBrian pointed out, this would only be a criminal matter by really stretching the definition of computer fraud and abuse to its limits. But it might also be worth looking at the situation as a civil lawsuit. The user who accepted the terms of service and then violates them by creating a new account despite being forbidden from doing so according ...


15

This may be a good faith and fair dealing violation which would give the victim a civil cause of action to recover at least his original investment.


7

Neither of those clauses has anything to do with whether a tax on the use of Whatsapp is legal: The first clause tells users that they are responsible for any taxes that may be owed. It says nothing about whether such a tax is or is not legal. The second clause says that users may not charge for Whatsapp services. It says nothing about whether the ...


5

A contract can’t legalise illegality Let’s assume that absent the “simulation” disclosure in the ToS, this would be fraud. The question then becomes, does making the disclosure make it not fraud? Fraud requires dishonesty and deception. These are measured by what a reasonable person would determine from the overall conduct so a small piece of truth in ...


5

Your court will surely lack jurisdiction against an unidentified scammer in a foreign country hiding behind a sequence of VPNs. Unless by some wild application of both skill and coincidience, you identify the scammer in a nation from which you have a chance of filing litigation. Yes, you would have a case that the requirement to keep a web browser page ...


5

Violating terms of a contract is not a criminal act. Criminal acts require violating a statute aka a law - but not just any law, the Criminal Code, which is one law book out of about twenty. The vast majority of law books talk about fire exits, wheelchair access, car registration fees, stuff like that. So to commit a crime, you must violate something ...


4

GDPR puts several requirements on a company to be compliant. Among these is the requirement to seek informed consent from the data subject, ie. you, to store and use data. As such the waiver you are asked to agree does not seem to be an attempt to bypass GDPR, but rather explicitly following the letter of the law. Please note the following; You are not ...


4

This follows from a term in your agreement: in opening the account, you agreed to a binding arbitration clause. The general reason why they can do this is because it is not prohibited by law to have such clauses in agreements (in fact, the Federal Arbitration Act protects such clauses from legal challenge). For the same reasons, the clauses can impose ...


3

You mean like this? Of course, a website can charge you to access its pages; many do. And yes, clicking on an "I agree" button can form a valid contract (just visiting the website can't). Historically, the law has adopted the position that if you sign it (including by clicking "I agree") you read it, you understood it and you agreed to it. It's hard to ...


3

Binding arbitration’s legal It is almost certain that the letter is simply restating the dispute resolution terms in the contract that you agreed to when you opened the account. If it isn't in the original agreement then they are proposing a change - you can either agree to this change or, as the letter suggests opt-out of the change. Or you can close your ...


3

Can a moderation team in a game extend a ban that you have just because they want to TL;DR Yes and no. It's their platform and you broke the rules that you agreed to. Therefore, you forfeited your right to use the service for as long as they deem appropriate up to and including forever. In exercising this power they must act reasonably which, in the absence ...


3

Yes. They can do anything they want and you have no recourse. You will lose any appeal you make under the TOS because it says: "VRChat may in its sole discretion terminate your user account on the Service or suspend or terminate your access to the Service at any time for any reason or no reason, with or without notice." This is not an unreasonable ...


2

About the part where they say that will charge your payment method, when you terminate your relationship with the company, you should send registered mail withdrawing authorization to charge your credit card thereafter, and you should notify the credit card company that further charges are not authorized. This won't change your legal liability, it just ...


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 ...


2

At first blush: legal for you to write it, not legal for them to use it. Your software is applicable to any poker game. They are using it where it is not allowed. However, things get ugly if you are targeting this for online poker rooms which generally outlaw it; e.g. If you add any code designed to harvest data from a website which has prohibited it. ...


2

I need a name for such agreement. How to call this? The name is inconsequential from a legal standpoint. Instead, one thing you need to ensure is your ability to prove the authenticity of users' confirmation of deletions, lest a user alleges that he was not the one typed 'DELETE' for removal of his records. You might have foreseen that risk already, but I ...


2

The "company TOS" specifically says that it applies to all of Google's Services. It also says: Our Services are very diverse, so sometimes additional terms or product requirements (including age requirements) may apply. Additional terms will be available with the relevant Services, and those additional terms become part of your agreement with us if ...


2

Leaving the EU will not affect these Terms unless WhatsApp update them "European Region" is a definition they've invented. It has no legal meaning in relation to the European Union or our status therein. They define "European Region" as: Andorra, Austria, Azores, Belgium, Bulgaria, Canary Islands, Channel Islands, Croatia, Czech Republic,...


2

Reads to me like you're answering your own question. For the most part, users must have the opportunity to view the privacy policy before the data is actually used. For mobile apps/apps there are various options to fulfil this obligation: Making the privacy policy available on the App Store; Display inside the app and immediately before the first start of ...


2

Terms of service are contracts, where you grant a person a right in exchange for them doing something. If they have agreed but violate the terms, you may have legal recourse to sue them; or you can "undo" their action, e.g. you can delete porn that they uploaded. There are certain limitations on your recourse, for example you cannot fine a user $...


2

The first hurdle that you have to clear is determining that online betting is legal at all. I can't bet online under state law, but other states allow it. If online betting is generally legal for you, you still may have to clear statutory hurdles regarding betting for another person, so again you have jurisdictional questions that arise (both where you are ...


1

See this UK government site: https://www.gov.uk/government/publications/cancelling-goods-or-services-guide-for-consumers/cancelling-goods-or-services It is aimed at consumers. It says that cancellation fees must be fair, and that you (as a consumer) can't expect all your money back. Now if I order a service today (Jan 26th) to start at March 1st, you'll ...


1

Given most websites only register nicknames and records declared identity based on faith: I just question who's banned? Is it the nickname that is banned? Is i the IP address that is banned? How would website prove that it is same person registering a new account? Video platforms and most websites don't even check that the person or action of clicking ...


1

As stated above, this does (loosely) fall under CFAA law so would be considered against the law. I guess a loophole would be to have multiple accounts on any website that states you cannot create "new" accounts once banned. This is obviously presuming only the one account was banned. You could then freely use one of the other accounts as you have not ...


1

Why do you think you are required to delete it? For example Article 7 of the GDPR has an exemption (among many others): for the establishment, exercise or defence of legal claims.


1

Yes, they can The terms probably include a choice of law and a choice of venue for lawsuits which will usually be the state of domicile if the US company. They probably also include a dispute resolution clause that probably requires arbitration and nominates the seat of that arbitration. Assuming this is so, the US company will bring an action in ...


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