Terms of Use Law

If you have a website, you really should have terms of use on it. These terms act as a contract between you and the visitors to your site. A wide variety of important topics are covered in these documents, so read the following posts to make sure you are up to speed on developments in this area.

The Consumer Review Fairness Act Becomes Law

On December 14, 2016, President Obama signed the Consumer Review Fairness Act into law. What is the The Consumer Review Fairness Act and Online Reviewsnature of this new law, and what does it mean for online providers such as websites and apps? Let’s take a closer look.

Consumer Reviews

Consumer reviews are considered one of the more influential bits of information a person considers when determining to make a purchase. Studies have shown 94 percent of people will move forward with a purchase if a company has four or more stars as an aggregate rating on a review site. Given this influence, it is hardly a surprise to learn that online businesses have tried different tactics to control customer reviews – some more ethical than others. [Read more…]

Terms and Conditions For A Website

Most people suggest doing business on the Internet carries little legal risk. Are they right? As an Internet business lawyer, I can tell you the answer is NO! [Yes, I’m yelling it.] The risks are no different than operating any business. Actually, the potential for legal problems isterms and conditions for website - protecting your online business often higher because of the worldwide reach of the web. The good news is the terms and conditions for a website can limit the potential exposure you face running a business online.

But First – Why Customized Terms and Conditions Are Critical

Websites are all the same so you should be able to use any old set of terms with your site, right? There are plenty of non-lawyers suggesting as much on the web. Pity they are utterly wrong. [Read more…]

Why Are Terms of Use So Insanely Long?

Why in the world are the terms of use for websites and online services so insanely long? It is an often repeated question online. People surfing the web and joining sites assume companies are up to no good, but the truth of terms and conditions are too longthe matter is most managers of websites aren’t entirely sure what is in their terms either. Steve Jobs may have been a wizard when it came to launching new products, but even he would have had a tough time getting through the massive terms of use agreements found on Apple products.

So, just what is going on in the average terms of use agreement? The answer depends on the site as each set of terms should be customized to the particular site. Nonetheless, there are a number of foundational clauses one can expect to find in nearly every terms of use agreement. Let’s take a look at them. [Read more…]

How Often Should I Update My Website Terms and Privacy Policy?

Update Website Terms and Privacy Policy for new lawsThe Internet has developed sufficiently that most people realize they must have terms of use and privacy policies for their websites. Ah, but how often do these legal documents need to be updated?

Why Update?

Why would you need to update website legal documents? Bear with me here for a moment. The answer has to do with two classifications of laws that are always evolving – statutory and common law. [Read more…]

iTunes Terms and Conditions – The South Park Perspective

ITunes terms and conditionsIf you are a fan of South Park, you know the writers of the show ruthlessly prey on the absurdities one finds in daily life. In the fifth season, the show took a look at terms and conditions in the now hilariously gross and famous HumancentiPad episode.

HumancentiPad

A brief summary of the episode does not do it justice, but let’s give it a go. One of the characters, Kyle, is kidnapped by Apple. He is to be part of a new revolutionary product known as a HumancentiPad in which three people are hooked up mouth to, well, you can read more about it here if you like. Nasty, but hilarious. [Read more…]

Properly Updating Your Privacy Policy and Terms of Use

Been more than a year since you updated the privacy policy and terms on your website? The last time you even looked Update terms of use and privacy policy for websitesat them, nobody had heard of Justin Bieber? [Glorious days, indeed!] If so, let’s take a look at the steps necessary to update your website legal documents.

Need To Update?

Do you really need to update your privacy policy and terms? Yes! Governments enact new Internet laws each year. If you fail to comply with the new requirements, you invite legal action. Let’s look at an example. [Read more…]

JDate Litigation – A Real Life Example of How Terms and Conditions Stopped A Lawsuit

Discussions of terms and conditions for websites often represent a surefire cure for Insomnia. While this is understandable, it is also unfortunate as terms are an incredibly valuable tool online businesses can use to nip legal jdate online dating lawsuitproblems in the bud. JDate.com proved as much recently in neutering a lawsuit filed against it.

Dating Sites

Dating sites are often targets for litigation. Not everyone is going to find prince or princess charming. For some reason, disgruntled daters tend to believe the website operator is at fault for this failure. [Read more…]

The Problem with Blogs and Terms and Conditions of Use

There are millions of blogs online. Some have term and conditions of use while others do not. The question many bloggers should be asking is whether they need terms for their blog and, if so, whether such terms are binding Blog Terms and Conditions of Useon visitors to the site.

Terms of Use

The conditions of use for a website often seem to be a mystery to most bloggers. Let’s resolve the mystery. The terms act as a contract between you, the blogger, and the visitors to your site. The terms are used to establish guidelines ranging from how visitors can use content to the court system where any legal dispute will be filed. Although tailored to the web, these terms really are no different than what you agree to when renting a car, buying insurance or entering into any other legal transaction. [Read more…]

What Percentage of Consumers Read Terms of Service?

Terms of service – you need them on your site, and we lawyers love them. Having said this, what percentage of consumers actually read terms of service? The answer is undoubtedly an appalling low number, which has legal What Percentage of Consumers Read Terms of Serviceramifications.

Read Them?

I’m a lawyer. I write terms of service for sites for a living. Despite this, I rarely read the terms of a site I visit unless there is some compelling reason. If I am not reading them, then one has to imagine that consumers almost never have a go at doing so. This assumption is so pervasive that judges not take it into consideration when ruling on the enforceability of website terms. [Read more…]

Why A Community Website Must Have Terms of Service

Like you, I often waste innumerable hours surfing the web. I regularly see sites without the proper legal documentation. Yes, I look at these things. Community sites tend to be the Why A Community Website Must Have Terms of Servicebiggest offenders. With this in mind, let’s dig into why a community website must have terms of service.

Our Community Site

Since legal articles can be a tad bit dry, let’s come up with an unusual community site…say a nudist site. Members of the site will be able to communicate with each other in a forum-like atmosphere and post user-generated content such as their photos, videos and what have you. The community area will be password protected, but anyone can join the site. [Read more…]