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Socially Aware Blog The Law and Business of Social Media

Tag Archives: Terms of Use

French Consumer Association Takes on Internet Giants

Posted in Litigation, Privacy

Earlier this year, the French consumer association UFC-Que Choisir initiated proceedings before the Paris District Court against Google Inc., Facebook Inc. and Twitter Inc., accusing these companies of using confusing and unlawful online privacy policies and terms of use agreements in the French versions of their social media platforms; in particular, the consumer association argued… Continue Reading

Hot Off the Press – New Issue of the Socially Aware Newsletter

Posted in FTC, Litigation, Online Promotions, Privacy, Wearable Computers

The latest issue of our Socially Aware newsletter is now available here. In this issue, we explore legal concerns raised by Google Glass; we provide an overview of the growing body of case law addressing ownership of business-related social media accounts; we take a look at two circuit court decisions addressing the interplay between social media… Continue Reading

German Court Finds 25 Provisions in Google’s Online Terms of Use and Privacy Policy to Be Unenforceable

Posted in Privacy, Terms of Use

In November 2013, the Berlin District Court ruled that all of the 25 provisions in Google’s online terms of use and privacy policy that had been challenged by the German Federation of Consumer Associations (VZBV) are unenforceable.  In reaching its decision, the court found that German law applies to terms of use and privacy policies… Continue Reading

Potential Limitations Placed on Unilateral Right to Modify Terms of Use

Posted in Litigation, Terms of Use

Contractual provisions giving a website operator the unilateral right to change its end user terms of service are ubiquitous and appear in the online terms of many major social media sites and other websites, including Facebook, Twitter, Instagram and Google. Although amendments to terms of service quite often cause consumers to complain, litigation regarding such… Continue Reading

Administering Arbitration Clauses in Online Terms of Service Agreements

Posted in Arbitration, Terms of Use

Morrison & Foerster’s Sherman Kahn Interviews American Arbitration Association Vice President, Sandra Partridge Many companies are providing for arbitration of disputes in their terms of service agreements governing use of their websites or other online or mobile services. Arbitration clauses in online terms of service agreements should be carefully drafted in order to ensure that… Continue Reading

A Fistful of Data: Facebook and Profile Technology, Inc. Showdown Over the Right to Use Outdated User Information

Posted in Litigation, Privacy

As social media matures and users become more concerned about the privacy of the information they publish online, New Zealand-based search engine app company Profile Technology, Inc. and Facebook are engaged in a legal battle stemming from a dispute over the right to use certain user data. The story first came to light in October… Continue Reading

Warning Signs: Promotions Using Facebook’s “Like” Feature

Posted in FTC, NAD, Online Promotions

In a recent case of first impression, the National Advertising Division of the Council of Better Business Bureaus (“NAD”) – an industry forum for resolving disputes among advertisers – addressed an advertiser’s use of Facebook’s “like” feature in connection with an online promotion.  Such promotions – referred to as “like-gated” promotions, typically ask a Facebook user… Continue Reading