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 sites. As we previously wrote, websites must implement such terms properly to ensure that they are enforceable. Specifically, users must be required to manifest acceptance of the terms in a manner that results in an enforceable contract. But what specifically constitutes such acceptance, and what steps should website operators take to memorialize and maintain the resulting contract? This article attempts to answer these practical questions.

Use Boxes Or Buttons To Require Affirmative Acceptance -

Website operators should avoid the cardinal sin in online contract formation: burying terms of use in a link at the bottom of a website and attempting to bind users to those terms based merely on their use of the website. Outside of some specific (and, for our purposes, not particularly relevant) circumstances, such approaches, often confusingly referred to as “browsewrap” agreements, will not result in a valid contract because there is no objective manifestation of assent.

Please see full Newsletter below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Morrison & Foerster LLP - Social Media | Attorney Advertising

Written by:

Morrison & Foerster LLP - Social Media
Contact
more
less

Morrison & Foerster LLP - Social Media on:

Reporters on Deadline

"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:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
Custom Email Digest
- hide
- hide

This website uses cookies to improve user experience, track anonymous site usage, store authorization tokens and permit sharing on social media networks. By continuing to browse this website you accept the use of cookies. Click here to read more about how we use cookies.