Terms of Use

News & Analysis as of

Socially Aware: The Social Media Law Update Volume 7, Issue 1

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...more

Criminal or Civil Liability for Sharing Streaming Accounts?

We are at the beginning of a new era of media consumption. Traditional content delivery systems such as satellite and cable television are hemorrhaging customers to a wave of “cord cutting” that has been facilitated by the...more

Technology Industry Newsletter - January 2016

As we begin the new year, it is a good time to reflect on the emerging trends in technology that present opportunities to be explored by entrepreneurs who are considering starting new businesses and growing existing...more

Facebook Posts Important Advertising Law Win

On October 30, 2015, Facebook, Inc. posted an important win in the Ninth Circuit Court of Appeals. In a non-precedential decision, the court upheld the federal district court’s dismissal of a complaint filed by a proposed...more

Click it to Stick it: Guide to Creating Binding Online Agreements

Contract terms and purchaser assent to those terms, conditions, intended use and warning information provided with a purchased product are known fertile ground for defending product claims. In today’s virtual age,...more

New “Tracker of Terms and Conditions” service released, track all the changes, all the time, to a website’s terms of use

We have all read a website’s terms of use (hopefully), and almost all of the terms say something to effect of “these terms may change without prior notice, so we recommend that you review them regulatory.” Well now, a new...more

To Tweet or Not to Tweet: Social Media and Intellectual Property Issues

Social media platforms are very useful, but they also create legal issues. Without question, social media has changed the way businesses communicate with their clients and consumers. Likewise, social media has changed the way...more

Socially Aware: The Social Media Law Update Volume 6, Issue 4

Five social media law issues to discuss with your clients - The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this...more

Draft Kings Class Action Argues Data Leak Revealed “Insider Trading” – But Can Case Survive Arbitration Clause?

Draft Kings and Fan Duel, competing daily fantasy sports (DFS) sites, have been vying for attention by flooding the airwaves with a reported 60,000 commercials this year. However, a recent data leak has resulted in less...more

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

Crowdfunding: A Potential Cash Source for Business That Could Make a Well-Intentioned Company's Financial State Worse

“Crowdfunding”: In broad terms, it’s a decade-old means to an end for those with bright ideas and dim financials who hope to bring an inspired cause to market. As established as the practice is, with the more recent explosion...more

Federal District Court Articulates Criteria for Effective Presentation of Electronic Contracts

In Berkson v. Gogo LLC, 2015 WL 1600755 (E.D. NY 2015), the Eastern District of New York denied a motion to dismiss and compel arbitration filed by an in-flight wifi provider. The provider was accused in a class action suit...more

Blog: The Importance of Online Agreements on UK Websites

The Terms of Use Agreement (“TOU”) and the Privacy Policy found on most websites govern the relationship between the website operator and all of its customers. Although it may be tempting to copy and use online agreements...more

The Top Social Media Platforms’ Efforts To Control Cyber-Harassment

Social networking platforms have long faced the difficult task of balancing the desire to promote freedom of expression with the need to prevent abuse and harassment on their sites. One of social media’s greatest challenges...more

Federal District Court: “Browsewrap” Terms and Conditions Provide Sufficient Notice to Defeat False Advertising Class Action

Websites sometimes present their terms of use (“TOU”) to users merely by including a link to those TOU on the website without requiring users to affirmatively accept the terms by, for example, checking a box or clicking an “I...more

Is Your Lease Financeable?

It is often the case that parties enter into a lease thinking it is a temporary use of space by the tenant, which frequently amounts to nothing more than an expense line item on the budget. However, if a lease is structured...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

Alert: New York District Court Articulates New Test for Assessing the Validity and Enforceability of Online Agreements

In April 2015, the United States District Court for the Eastern District of New York defined a new category of online agreement, the "sign-in-wrap" agreement, which it distinguished from clickwrap agreements. The court then...more

Going to California: Court of Appeal Rules Forum Selection Clause Overrides Certification of B.C. Privacy Act Claims

The British Columbia Court of Appeal recently overturned the certification of a class action against Facebook Inc. in relation to alleged breaches of B.C.’s Privacy Act, involving unauthorized commercial use of users’ names...more

Five Social Media Law Issues To Discuss With Your Clients

The explosive growth of social media has clients facing legal questions that didn’t even exist a few short years ago. Helping your clients navigate this muddled legal landscape will have them clicking “like” in no...more

CFAA and SCA Do Not Prohibit Creation Of A Fake Facebook Page

The defendants in a case pending in Chicago federal court were accused of contravening Facebook’s terms of use by accessing its computers in order to create a phony page and then using it to ridicule someone. In Bittman v....more

Now is the time to reevaluate commercial sales contracts that incorporate other documents by reference

Legal documents of all kinds – everything from wills and trusts to commercial sales agreements – often reference other documents. This “incorporation by reference” comes with certain risks. Historically, courts looked beyond...more

Online Advertising: When In Doubt, DISCLOSE

The FTC has approved the final order in its February complaint against AmeriFreight for failing to disclose that it compensated consumers for their online reviews. Coordinated and paid advertising campaigns that do not...more

PATIENT PRIVACY IN AN ERA OF SOCIAL MEDIA [Video]

The rise of social media has introduced new opportunities and new legal challenges for companies in the health care industry. Attorneys Seth Northrop and Sharon Roberg-Perez discuss the legal issues faced by care providers,...more

Is Ignorance Bliss for Website Users Confronting Terms of Use Agreements?

Have website agreements gone too far? Can too much disclosure cause people to no longer care enough about Terms of Use (TOU) to read them fully before agreeing to them?...more

70 Results
|
View per page
Page: of 3

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.

Already signed up? Log in here

*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.
×