Terms of Service

News & Analysis as of

Three Steps to Help Ensure the Enforceability of Your Website’s Terms of Use

Operators of social media platforms and other websites typically manage their risks by imposing terms of use or terms of service for the sites. As we previously wrote, websites must implement such terms properly to ensure...more

FCA feeds back on PAD

FCA has published a feedback statement following its call for input on how it should formulate the provisional UK list of services, terms and definitions under the Payment Accounts Directive (PAD). Following responses, FCA...more

Forum Selection in Online Terms

Let’s say you’re a Canadian company doing business with a US supplier - which law should govern the contract? ‘Forum selection’ and ‘governing law’ refer to the practice of choosing the applicable law and venue for resolving...more

Ashley Madison and Coming to “Terms” with Data Protection

A recent massive data hack of an online dating site Ashley Madison once again proves that what one publishes, says, or does online, even in seemingly private forums, is never completely private. It’s also a reminder that the...more

Have You Thought About Your Online Terms of Use Recently?

Nearly every website, app or online service posts a set of Terms of Use outlining company policies for users (sometimes called Terms of Service) (“Terms”), but many companies do not know if their Terms are enforceable in...more

Avoiding Uber Trouble via Good Terms of Service

In a recent lawsuit, Uber Technologies Inc. is accused of violating California’s Unfair Competition Law. Specifically, the complaint alleges that Uber misleads its users by: (1) falsely advertising its services as cheaper...more

Trade Secrets, Security, and Cloud Computing: Best Practices Now

As businesses increasingly store and access confidential information in the cloud, questions arise as to how to safeguard a company’s private data once it becomes part of an external computing network. Standards for...more

Are Your Disclosures Sufficient Under the “Enhanced” Transparency Rule?

Although not yet in effect, broadband providers should begin to consider how best to implement the FCC’s “enhanced” transparency (disclosure) requirements. As explained in our recent advisory, the Order retains the FCC’s 2010...more

Websites Required to Post "About Us" Contact Info Under New Florida Law

Effective July 1, 2015, many websites will be required to comply with Florida’s new True Origin of Digital Goods Act. This Act adds Florida to the growing list of states with laws aimed at achieving transparency in online...more

Alert: Student Data Privacy: the States Are in the Lead

Student privacy has become a focal point in the education sector. While media attention has largely focused on activities in Washington, we believe it is also critical for schools and Ed Tech companies to pay closer attention...more

Certification of Minor Class Could Have Major Impact on Facebook

Plaintiffs, two minors who used their parents’ money to make purchases on Facebook without parental consent, brought a putative class action against the company, alleging its policy of representing purchases as non-refundable...more

The Next Big Thing: Enforcing Terms of Service in an Internet of Things World

While a universally accepted definition of the Internet of Things (IoT) does not yet exist, the phrase has been coined to refer to the ability of everyday objects to connect to the Internet and to send and receive data. Thus,...more

U.S. Department of Education Releases Guidance: Terms of Service Agreements

The Privacy Technical Assistance Center (“PTAC”), a resource center established by the U.S. Department of Education for information on data privacy, recently released guidance relating to Terms of Service agreements. This...more

Advertising Law - March 2015

NAD: A Product Can’t be The “#1 Prescribed Brand” Without Other Prescribed Brands - A “#1 brand prescribed” claim implies that professionals have a choice in prescribing brands, the National Advertising Division...more

Belgium getting tough on Facebook?

Today a delegation of Facebook is meeting with the Belgian ‘Secretary of State’ responsible for Privacy, Bart Tommelein. The subject of conversation are Facebook’s new terms of service and data policy, which are claimed to be...more

Tinder Swipes Left on Gap's New Ad Campaign: A Reminder to Always Check Terms of Service

Tinder, a popular mobile dating app, recently shut down an ad campaign from Gap, stating that the campaign violated the app's terms of service. Gap's failure to comply with Tinder's terms of service is a cautionary tale for...more

Internet Licensing - The Licensing Journal, Vol. 34, No. 10, Pg 29–31

Implementing and Enforcing Online Terms of Use - Operators of social media platforms and other Web sites must manage a large number of risks resulting from their interactions with users. In an effort to maintain a...more

IP | Trend: Data in the Cloud is the Next Big Storm? [Video]

Convenience, accessibility, and cost have led companies and their employees to put an increased amount of data in the cloud. But, does this put corporate data at risk? Attorneys Seth Northrop and Sam Walling discuss some of...more

Another Court Declares Terms of Service Provisions Unenforceable - Are Yours?

Too many companies/lawyers treat website Terms of Service (TOS) as boilerplate agreements that no one reads. Many companies simply put a link at the bottom of the homepage. This approach continues to prove ineffective, as...more

Are Browsewrap Agreements Enforceable?

Almost all social media sites contain “Terms of Service” (“TOS”). Are they enforceable against users? It depends on the presentation and the issue....more

Website Hyperlink Alone Does Not Establish User’s Assent to Arbitration Agreement, Ninth Circuit Holds

In a case intersecting the 89-year-old Federal Arbitration Act (FAA) and the digital era, the Ninth Circuit has ruled that a consumer who did not read the company’s terms of use when ordering a product on its website was not...more

Online Terms - What Works, What Doesn’t

The online fine print - those terms and conditions that you agree to when you buy something online - it really does matter where those terms are placed in the checkout process. A recent US case illustrates this point. In...more

How to Enforce Terms of Service for Online Social Media Promotions and Contests

General Mills incurred blowback on social media earlier this year when it was suggested the company sought releases for all claims whatsoever from anyone who visited the company Facebook page. The truth, as always, was not as...more

Backlash Over Facebook Timeline Experiment Serves as a Reminder: User Expectations Still Trump Fine Print

If you are one of the approximately 1.3 billion people who use Facebook, you’ve likely experienced the phenomenon where a single event (like Luiz Suarez biting that Italian guy or pretty much anything involving TSA) manages...more

Where LinkedIn Accounts Go To Die

This morning my friend Michelle Golden posted the story about an individual named Heather Bussing that deleted her LinkedIn account because she disagreed with the terms of services. You can see the entire post here: Why I...more

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