Terms of Service documents published in the footer of a website or “fine print” of an application have legal significance but in some cases, may fail to act as a contract, as have somce End-User-License-Argeements (EULAs) and other website disclaimers (See In re Zappos.com Inc., Customer Data Security Breach Litigation (2012). In other cases, poorly drafted clauses in Terms of Services, Privacy Policies, or EULAs have been used as the basis to deem the entire documents, with all warranties and disclaimers, legally void. (See Harris v. Blockbuster, Inc., 622 F.Supp.2d 396 (N.D. Tex. Apr. 15, 2009) (link to opinion -pdf).
Author: David N. Sharifi, Esq. is a Los Angeles based intellectual property attorney and technology startup consultant with focuses in entertainment law, emerging technologies, federal trademark registration, and the “Internet of Things”. David has been recognized as one of the Top 30 Most Influential Attorneys in Digital Media and E-Commerce Law by the Los Angeles Business Journal. Office: Ph: 310-751-0181; firstname.lastname@example.org.
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