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Category Archives: Terms of Use

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Now Available: The August Issue of Our Socially Aware Newsletter

Posted in Cyberbullying, E-Commerce, Infographic, Marketing, Mobile, Privacy, Protected Speech, Right To Be Forgotten, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award winning guide to the law and business of social media, we discuss the impact online trolls are having on social media marketing; we revisit whether hashtags should be afforded trademark protection; we explain how an unusual New… Continue Reading

Commercializing User-Generated Content: Five Risk Reduction Strategies

Posted in Copyright, DMCA, IP, Terms of Use

We’re in the midst of a seismic shift in how companies interact with user-generated content (UGC). For years, companies were happy simply to host UGC on their websites, blogs and social media pages and reap the resulting boost to their traffic numbers. And U.S. law—in the form of Section 512(c) of the Digital Millennium Copyright… Continue Reading

Controversial New Jersey Consumer Protection Law Creates a Potential “Gotcha” for E-Commerce Companies

Posted in Class Actions, E-Commerce, Litigation, Terms of Use

If your company is involved in selling products or services to consumers in New Jersey over the web or through mobile apps, you’ll want to read this blog post. In what amounts to a feeding frenzy, plaintiffs’ lawyers are working overtime bringing class action suits against e-commerce companies, alleging that their online terms and conditions… Continue Reading

Terms and Conditions Buried in Easily Ignored Scroll Box Don’t Cut It, the Seventh Circuit Holds

Posted in E-Commerce, Litigation, Terms of Use

As we have noted before, if you want to increase the likelihood that your website terms of use are enforceable against users, you need to do two things. First, you need to display the terms to users in a conspicuous way, and second, you need to require users to affirmatively accept the terms. Sgouros v…. Continue Reading

Website Terms of Use: Out With the Old

Posted in Terms of Use

In this final portion of my video on website terms of use, I offer practical tips on best practices for updating and modifying online agreements. For more information on this subject, see my earlier video post on Website Terms of Use: Check That Box! To stay abreast of social media-related legal developments, please subscribe to… Continue Reading

Now Available: The April Issue of Our Socially Aware Newsletter

Posted in Advertising, Digital Content, E-Commerce, Employment Law, European Union, Internet of Things, IP, Labor Law, Privacy, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award winning guide to the law and business of social media. In this edition, we discuss what a company can do to help protect the likes, followers, views, tweets and shares that constitute its social media “currency”; we… Continue Reading

Website Terms of Use: Check That Box!

Posted in Terms of Use

Many of my clients ask how they can best ensure that their websites’ terms of use are enforceable. Is it really necessary to require the website’s users to check a box or click a button manifesting affirmative assent? In this portion of my video on website terms of use, I explain what the courts have… Continue Reading

Website Terms of Use: Are They Really Necessary?

Posted in Terms of Use

As a social media lawyer, I work closely with website operators and other clients to help reduce the risk of liability that can arise from doing business online. One of the key ways to minimize online legal risks is to use a carefully drafted online Terms of Use agreement. In my new video below, I discuss… Continue Reading

How to Protect Your Company’s Social Media Currency

Posted in Digital Content, DMCA, IP, Litigation, Marketing, Section 230 Safe Harbor, Terms of Use

Today’s companies compete not only for dollars but also for likes, followers, views, tweets, comments and shares. “Social currency,” as some researchers call it, is becoming increasingly important and companies are investing heavily in building their social media fan bases. In some cases, this commitment of time, money and resources has resulted in staggering success…. Continue Reading

Now Available: The March Issue of Our Socially Aware Newsletter

Posted in Advertising, Compliance, Copyright, Discovery, E-Commerce, Endorsement Guides, Eurpoean Union, FTC, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media. In this edition, we offer tips for a successful—and legal—advertising campaign; we examine a New York State Appellate Division opinion significantly limiting a personal-injury-case defendant’s access to the… Continue Reading

Clickwrap, Browsewrap and Mixed Media Contracts: A Few Words Can Go a Long Way

Posted in E-Commerce, Terms of Use

Courts have generally categorized online agreements into two types: “clickwrap” agreements and “browsewrap” agreements. Clickwrap agreements—which require a user to check a box or click an icon to signify agreement with the terms—are usually enforceable under U.S. law, even where the terms appear in a separate hyperlinked webpage but where language accompanying the box or… Continue Reading

Undead as a Service: Tips to Help Ensure Your IT Agreements Can Withstand a Zombie Apocalypse

Posted in Terms of Use

Do the undead read the small print? In our experience, zombies are typically more concerned with fresh brains than with forum selection, but Amazon Web Services (AWS) has helpfully updated its AWS Service Terms for anyone who values contractual certainty over actual zombie slaying. The AWS Service Terms run to a lengthy 58 sections of… Continue Reading

Now Available: The January Issue of Our Socially Aware Newsletter

Posted in Advertising, Cyberbullying, Data Security, Endorsement Guides, FTC, Marketing, Online Endorsements, Privacy, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we offer practical tips to help ensure the enforceability of website terms of use; we discuss the FTC’s ongoing efforts to enforce disclosure obligations in social media advertising; we examine… Continue Reading

Launching a Mobile App in Europe? Seven Things to Consider When Drafting the Terms & Conditions

Posted in Terms of Use

[Editor’s Note: In response to the success of our earlier post on terms and conditions for mobile apps, two of our London-based colleagues have prepared a “remixed” version, which looks at the subject of mobile app terms and conditions from a European perspective. Enjoy!] The mobile app has become the new face of business. It’s… Continue Reading

Harmonizing B2C Online Sales of Goods and Digital Content in Europe

Posted in Cloud Computing, Digital Content, E-Commerce, European Union, Terms of Use

The European Commission has announced new draft laws that would give consumers new remedies where digital content supplied online is defective or not as described by the seller. On Dec. 9, 2015, the European Commission proposed two new directives on the supply of digital content and the online sale of goods. In doing so, the Commission… Continue Reading

Now Available: The October Issue of Our Socially Aware Newsletter

Posted in Bankruptcy, Compliance, Discovery, Employment Law, FTC, IP, Labor Law, Litigation, M&A, Marketing, Mobile, Online Endorsements, Online Promotions, Online Reviews, Securities Law, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we highlight five key social media law issues to address with your corporate clients; we discuss when social media posts are discoverable in litigation; we identify six important considerations in… Continue Reading

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

Posted in E-Commerce, 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… Continue Reading

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

Posted in Cyberbullying, First Amendment, Terms of Use

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 is to make platforms safe enough so users are not constantly bombarded with offensive content and threats (a recent Pew… Continue Reading

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

Posted in E-Commerce, Fraud, Terms of Use

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 accept” button. As we have written previously, Courts tend to look disfavorably on such website TOU… Continue Reading

Five Social Media Law Issues To Discuss With Your Clients

Posted in Arbitration, Copyright, Employment Law, IP, Labor Law, Litigation, Online Promotions, Terms of Use

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 time. What’s in a Like? Not long ago, the word “like” was primarily a verb (and an interjection used by… Continue Reading

Hot Off the Press: The May Issue of Our Socially Aware Newsletter Is Now Available

Posted in Copyright, DMCA, First Amendment, FTC, Infographic, Internet of Things, IP, Privacy, Terms of Use

The latest issue of our Socially Aware newsletter is now available here. In this issue of Socially Aware, our Burton Award-winning guide to the law and business of social media, we discuss a recent decision in Virginia protecting the anonymity of Yelp users; we examine the FTC’s much anticipated report, “Internet of Things: Privacy & Security in a Connected World;”… Continue Reading

Data for the Taking: Using Website Terms and Conditions to Combat Web Scraping

Posted in Privacy, Terms of Use

Is it stealing to take data without permission from a public website, or is it simply making use of resources that are made available to you? “Web scraping” or “screen scraping” is the practice of extracting large amounts of data from public websites using bots. A recent case in the European Court of Justice has… Continue Reading