Kashmir Hill pointed out that at least one erstwhile file sharing service has changed its business model in response to the federal government’s action against Megaupload. She observes that: FileSonic users can’t be too happy to have one of the main features of the site taken away. But the company must be less worried about [...]
Posts Tagged ‘clickwrap’
Megaupload takedown reminds us why website terms and conditions can be important
January 25th, 2012
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Court enforces online terms and conditions incorporated by reference in invoices
December 18th, 2011
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Clickwrap and browsewrap agreements are not the only enforceable online contracts. Fadal Machining Centers, LLC v. Compumachine, Inc., 2011 WL 6254979 (9th Cir. December 15, 2011) Plaintiff manufacturer sued one of its distributors over unpaid invoices. Defendant moved to dismiss, citing to an arbitration provision in the terms and conditions on plaintiff’s website. The district [...]
Website terms and conditions were unenforceable because of fraud
September 6th, 2011
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Duick v. Toyota Motor Sales, U.S.A., Inc., 2011 WL 3834740 (Cal.App. 2 Dist. August 31, 2011) Someone signed plaintiff up through a Toyota website to take part in a “Personality Evaluation.” She got an email with a link to a website, and on the second page that she had to click through, she was presented [...]
Forum selection clause in clickwrap agreement enforceable
July 26th, 2010
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Meier v. Midwest Recreational Clearninghouse, LLC, 2010 WL 2738921 (E.D. Cal. July 12, 2010) Plaintiffs live in California and bought an RV online from a vendor in Minnesota. The vendor’s website terms of service had a provision requiring that all disputes “arising out of or related to the use” of the website be brought in [...]
Browsewrap website terms and conditions enforceable
January 5th, 2010
3 Comments
Major v. McAllister, — S.W.3d —, 2009 WL 4959941 (Mo. App. December 23, 2009) The Missouri Court of Appeals has issued an opinion that reflects a realistic grasp of how people use the web, and also serves as a definitive nod to self-responsibility. The court refused to accept a website end user’s argument that she [...]
Court upholds eBay forum selection clause
October 26th, 2009
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Tricome v. Ebay, Inc., 2009 WL 3365873 (E.D. Pa. October 19, 2009) Everyone who signs up to use eBay has to assent to the terms of eBay’s User Agreement. Among other things, the User Agreement contains a forum selection clause that states all disputes between the user and eBay must be brought to court in [...]
