Header graphic for print
Socially Aware Blog The Law and Business of Social Media

Category Archives: Terms of Use

Subscribe to Terms of Use RSS Feed

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

Who Will Update My Status When I’m Dead?: The Biggest Social Media Platforms’ Policies on Deceased-User Accounts

Posted in Terms of Use

It’s often said that, when it comes to regulating technology, U.S. laws aren’t up to speed. That includes U.S. trusts and estates laws, which, in many cases, do not say much about what happens to your digital assets after you die. Unless you or your trustee lives in one of the few states that, like Delaware,… Continue Reading

Social Media 2015: Addressing Corporate Risks

Posted in Event, FTC, Privacy, Terms of Use

Social media is transforming the way companies interact with consumers. Learn how to make the most of these online opportunities while minimizing your company’s risk at Practicing Law Institute’s (PLI) 2015 Social Media conference, chaired by Socially Aware editor John Delaney. This year’s program features speakers from American Express, BuzzFeed, Dell, and Foursquare. There will also be a “Meet the Regulators”… Continue Reading

Shorter and Simpler, Yes – But Is IBM’s New Cloud Services Agreement Any Sweeter?

Posted in Cloud Computing, Terms of Use

IBM has been receiving rave reviews in the media for simplifying its Cloud Services Agreement to a mere two pages in length. And yes, the Agreement also boasts healthy margins and a normal font. But does the Agreement’s reasonable length equate to reasonable terms? After all, from a customer’s perspective, shorter doesn’t necessarily mean better…. Continue Reading

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

Posted in Copyright, Infographic, Internet of Things, Litigation, 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 look at several topics surrounding the proverbial online thumbs up, including the emerging legal status of Facebook likes and similar social media constructs; Facebook’s recent prohibition of the popular… Continue Reading

Forced to Cyber-Spy: Court Rules Parents Can Be Held Negligent for Child’s Facebook Activity

Posted in Litigation, Terms of Use

Are parents now liable for what their kids post to Facebook?  According to a recent decision in the Georgia Court of Appeals, they are. The Georgia Court of Appeals held that the parents of a seventh-grade student could be found negligent for failing to ensure that their son deleted an offensive Facebook profile that defamed… Continue Reading

Facebook Dislikes Fake Likes

Posted in Terms of Use

Money may not be able to buy happiness, but it can buy phony Facebook “likes.” And those can go a long way toward making a small business owner’s dreams come true, right? Wrong, explains Facebook site integrity engineer Matt Jones in a recent post on the company’s official blog. Businesses that purchase fake likes “won’t… Continue Reading

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

Posted in FTC, Internet of Things, Litigation, Privacy, Statistics, 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 an important Ninth Circuit decision refusing to enforce an arbitration clause in a website “terms of use” agreement; we examine “Operation Full Disclosure,”… Continue Reading

To Click or Not to Click? Ninth Circuit Rejects Browsewrap Arbitration Clause

Posted in Litigation, Terms of Use

In Kevin Khoa Nguyen v. Barnes & Noble Inc., 2014 U.S. App. LEXIS 15868 (9th Cir. 2014), decided on August 18, 2014, the Ninth Circuit rejected an attempt to bind a consumer to an arbitration clause found in an online terms of use agreement not affirmatively “click accepted” by the consumer but readily accessible through a… Continue Reading

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

Posted in FTC, IP, Litigation, Privacy, Terms of Use, UK High Court

The latest issue of our Socially Aware newsletter is now available here. Welcome to a special privacy issue of Socially Aware, focusing on recent privacy law developments relating to social media and the Internet. In this issue, we analyze a controversial European ruling that strengthens the right to be forgotten; we examine a recent California… Continue Reading

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

Posted in Copyright, FTC, Internet of Things, IP, Litigation, Privacy, SEC, Supreme Court, 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 analyze a groundbreaking FTC complaint alleging deceptive practices online that could turn website Terms of Use into federal law; we summarize a U.S. Supreme… 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