What is the legal structure of online “TOS”? The Next CEO of Stack OverflowFacebook contract Vs MinorsIs it illegal/unlawful to use an adblocker?Do user agreements with a company carry on after corporate mergers or splits?What is the point of website Terms and Conditions?How can a license agreement or terms of use be enforced on a minor?Actionability of web site terms of serviceIf an app doesn't have a licence, can anyone use it in anyway?Am I Entitled to a Refund for Services Not Rendered?Can my user agreement require end users to indemnify me for misuse of their data by third-party services embedded in my app?Can I amend boilerplate contracts by mail?Can a copyrighted work be asigned via an adhesion contract?
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What is the legal structure of online “TOS”?
The Next CEO of Stack OverflowFacebook contract Vs MinorsIs it illegal/unlawful to use an adblocker?Do user agreements with a company carry on after corporate mergers or splits?What is the point of website Terms and Conditions?How can a license agreement or terms of use be enforced on a minor?Actionability of web site terms of serviceIf an app doesn't have a licence, can anyone use it in anyway?Am I Entitled to a Refund for Services Not Rendered?Can my user agreement require end users to indemnify me for misuse of their data by third-party services embedded in my app?Can I amend boilerplate contracts by mail?Can a copyrighted work be asigned via an adhesion contract?
TOS, also known as "terms of service" or "terms of use", is an agreement entered into by a user, usually before the user is allowed to use the company's product but is it an agreement(contract), or rules to follow when using the service.
A contract is a predetermined legal relationship between two parties, that if one party is to be found in breach of this relationship damage will ensue.
Example: Bobby gets married to Sarah, by doing so bobby and Sarah have entered into a contract that is broken by either party damages will ensue and the contract will be voided.
Rules to follow is more of a guideline of what to do to be able to continue using the service. (usually legally unenforceable)
Example: A child is running around the store, the store and the mother of the child don't need to have a contract for the store to deny the mother and son service, because they aren't following the service's rules.
This question of is a TOS a contract or rules to follow can have a major impact on how the user interacts with the company. Some company argues that agreeing to their terms is a contract and legally binding; Others argue that these are the rules to be followed when using our service.
Is the TOS a contract, or rules of service?
united-states contract-law contract internet
asked Mar 8 at 1:18
StephanSStephanS
37716
|
show 1 more comment
TOS, also known as "terms of service" or "terms of use", is an agreement entered into by a user, usually before the user is allowed to use the company's product but is it an agreement(contract), or rules to follow when using the service.
A contract is a predetermined legal relationship between two parties, that if one party is to be found in breach of this relationship damage will ensue.
Example: Bobby gets married to Sarah, by doing so bobby and Sarah have entered into a contract that is broken by either party damages will ensue and the contract will be voided.
Rules to follow is more of a guideline of what to do to be able to continue using the service. (usually legally unenforceable)
Example: A child is running around the store, the store and the mother of the child don't need to have a contract for the store to deny the mother and son service, because they aren't following the service's rules.
This question of is a TOS a contract or rules to follow can have a major impact on how the user interacts with the company. Some company argues that agreeing to their terms is a contract and legally binding; Others argue that these are the rules to be followed when using our service.
Is the TOS a contract, or rules of service?
united-states contract-law contract internet
asked Mar 8 at 1:18
StephanSStephanS
37716
Marriage is not a contract - you should find a better example
– Dale M
Mar 8 at 3:21
This question presents a false dichotomy. Something can be both a contract and the enforceable rules for use, or it can be neither a contract nor legally enforceable rules.
– Nij
Mar 8 at 3:26
Wait marriage is a contract
– StephanS
Mar 8 at 3:31
@Nij All contracts are considered agreements, but not all agreements are contracts. Contracts are a legal relationship between two parties and is legally binding; a rules of service is an agreement between a service provider and a user which is not legally binding. I don't agree that a TOS can be both legally binding and at the same time not legally binding.
– StephanS
Mar 8 at 3:50
1
@ Dale M while I agree it isn't the best example, much legal analysis of marriage refers to "the marriage contract".
– David Siegel
Mar 8 at 3:51
|
show 1 more comment
TOS, also known as "terms of service" or "terms of use", is an agreement entered into by a user, usually before the user is allowed to use the company's product but is it an agreement(contract), or rules to follow when using the service.
A contract is a predetermined legal relationship between two parties, that if one party is to be found in breach of this relationship damage will ensue.
Example: Bobby gets married to Sarah, by doing so bobby and Sarah have entered into a contract that is broken by either party damages will ensue and the contract will be voided.
Rules to follow is more of a guideline of what to do to be able to continue using the service. (usually legally unenforceable)
Example: A child is running around the store, the store and the mother of the child don't need to have a contract for the store to deny the mother and son service, because they aren't following the service's rules.
This question of is a TOS a contract or rules to follow can have a major impact on how the user interacts with the company. Some company argues that agreeing to their terms is a contract and legally binding; Others argue that these are the rules to be followed when using our service.
Is the TOS a contract, or rules of service?
united-states contract-law contract internet
asked Mar 8 at 1:18
StephanSStephanS
37716
TOS, also known as "terms of service" or "terms of use", is an agreement entered into by a user, usually before the user is allowed to use the company's product but is it an agreement(contract), or rules to follow when using the service.
A contract is a predetermined legal relationship between two parties, that if one party is to be found in breach of this relationship damage will ensue.
Example: Bobby gets married to Sarah, by doing so bobby and Sarah have entered into a contract that is broken by either party damages will ensue and the contract will be voided.
Rules to follow is more of a guideline of what to do to be able to continue using the service. (usually legally unenforceable)
Example: A child is running around the store, the store and the mother of the child don't need to have a contract for the store to deny the mother and son service, because they aren't following the service's rules.
This question of is a TOS a contract or rules to follow can have a major impact on how the user interacts with the company. Some company argues that agreeing to their terms is a contract and legally binding; Others argue that these are the rules to be followed when using our service.
Is the TOS a contract, or rules of service?
united-states contract-law contract internet
united-states contract-law contract internet
asked Mar 8 at 1:18
StephanSStephanS
37716
asked Mar 8 at 1:18
StephanSStephanS
37716
edited 11 mins ago
StephanS
asked Mar 8 at 1:18
StephanSStephanS
37716
asked Mar 8 at 1:18
StephanSStephanS
37716
asked Mar 8 at 1:18
StephanSStephanS
37716
37716
Marriage is not a contract - you should find a better example
– Dale M
Mar 8 at 3:21
This question presents a false dichotomy. Something can be both a contract and the enforceable rules for use, or it can be neither a contract nor legally enforceable rules.
– Nij
Mar 8 at 3:26
Wait marriage is a contract
– StephanS
Mar 8 at 3:31
@Nij All contracts are considered agreements, but not all agreements are contracts. Contracts are a legal relationship between two parties and is legally binding; a rules of service is an agreement between a service provider and a user which is not legally binding. I don't agree that a TOS can be both legally binding and at the same time not legally binding.
– StephanS
Mar 8 at 3:50
1
@ Dale M while I agree it isn't the best example, much legal analysis of marriage refers to "the marriage contract".
– David Siegel
Mar 8 at 3:51
|
show 1 more comment
Marriage is not a contract - you should find a better example
– Dale M
Mar 8 at 3:21
This question presents a false dichotomy. Something can be both a contract and the enforceable rules for use, or it can be neither a contract nor legally enforceable rules.
– Nij
Mar 8 at 3:26
Wait marriage is a contract
– StephanS
Mar 8 at 3:31
@Nij All contracts are considered agreements, but not all agreements are contracts. Contracts are a legal relationship between two parties and is legally binding; a rules of service is an agreement between a service provider and a user which is not legally binding. I don't agree that a TOS can be both legally binding and at the same time not legally binding.
– StephanS
Mar 8 at 3:50
1
@ Dale M while I agree it isn't the best example, much legal analysis of marriage refers to "the marriage contract".
– David Siegel
Mar 8 at 3:51
Marriage is not a contract - you should find a better example
– Dale M
Mar 8 at 3:21
Marriage is not a contract - you should find a better example
– Dale M
Mar 8 at 3:21
This question presents a false dichotomy. Something can be both a contract and the enforceable rules for use, or it can be neither a contract nor legally enforceable rules.
– Nij
Mar 8 at 3:26
This question presents a false dichotomy. Something can be both a contract and the enforceable rules for use, or it can be neither a contract nor legally enforceable rules.
– Nij
Mar 8 at 3:26
Wait marriage is a contract
– StephanS
Mar 8 at 3:31
Wait marriage is a contract
– StephanS
Mar 8 at 3:31
@Nij All contracts are considered agreements, but not all agreements are contracts. Contracts are a legal relationship between two parties and is legally binding; a rules of service is an agreement between a service provider and a user which is not legally binding. I don't agree that a TOS can be both legally binding and at the same time not legally binding.
– StephanS
Mar 8 at 3:50
@Nij All contracts are considered agreements, but not all agreements are contracts. Contracts are a legal relationship between two parties and is legally binding; a rules of service is an agreement between a service provider and a user which is not legally binding. I don't agree that a TOS can be both legally binding and at the same time not legally binding.
– StephanS
Mar 8 at 3:50
1
1
@ Dale M while I agree it isn't the best example, much legal analysis of marriage refers to "the marriage contract".
– David Siegel
Mar 8 at 3:51
@ Dale M while I agree it isn't the best example, much legal analysis of marriage refers to "the marriage contract".
– David Siegel
Mar 8 at 3:51
|
show 1 more comment
1 Answer
1
active
oldest
votes
A website's Terms of Service can be or include either or both rules and terms of contract. Which part is what depends on the circumstances and whether there is a contract at all.
Like in case of any physical venue where the owner is free to impose rules on anyone wishing to visit the venue, a website owner is free to impose rules on what the visitors can and cannot do while visiting the website.
If you are the owner of a physical store, you may require the visitors to take off any helmets or sunglasses when they enter, and/or present their bags for inspection when they exit. These are rules, or conditions of entry.
Similarly, you may require your website visitors to be over certain age, only use certain devices/software for accessing the website, not to engage any robots/scrappers etc.
As soon as a contract between you and the visitor is formed, the relevant parts of the ToS may well be terms of the contract. For example, if visitors buy something in your store/on your website, the clauses re shipping, returns/refunds and warranty will be such terms.
answered Mar 8 at 3:29
GreendrakeGreendrake
3,59211125
shouldn't the company separate it's rules from it's contracts with the user because if the company breaches their own contract couldn't they void their rules?
– StephanS
Mar 8 at 3:38
2
@StephanS Contract terms are not voided when the contract is breached. Rather, they are used by courts to work out damages. And certainly rules that have nothing to do with the contract are not affected. Separating rules and terms would be nice but is not legally required.
– Greendrake
Mar 8 at 4:00
add a comment |
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A website's Terms of Service can be or include either or both rules and terms of contract. Which part is what depends on the circumstances and whether there is a contract at all.
Like in case of any physical venue where the owner is free to impose rules on anyone wishing to visit the venue, a website owner is free to impose rules on what the visitors can and cannot do while visiting the website.
If you are the owner of a physical store, you may require the visitors to take off any helmets or sunglasses when they enter, and/or present their bags for inspection when they exit. These are rules, or conditions of entry.
Similarly, you may require your website visitors to be over certain age, only use certain devices/software for accessing the website, not to engage any robots/scrappers etc.
As soon as a contract between you and the visitor is formed, the relevant parts of the ToS may well be terms of the contract. For example, if visitors buy something in your store/on your website, the clauses re shipping, returns/refunds and warranty will be such terms.
answered Mar 8 at 3:29
GreendrakeGreendrake
3,59211125
shouldn't the company separate it's rules from it's contracts with the user because if the company breaches their own contract couldn't they void their rules?
– StephanS
Mar 8 at 3:38
2
@StephanS Contract terms are not voided when the contract is breached. Rather, they are used by courts to work out damages. And certainly rules that have nothing to do with the contract are not affected. Separating rules and terms would be nice but is not legally required.
– Greendrake
Mar 8 at 4:00
add a comment |
A website's Terms of Service can be or include either or both rules and terms of contract. Which part is what depends on the circumstances and whether there is a contract at all.
Like in case of any physical venue where the owner is free to impose rules on anyone wishing to visit the venue, a website owner is free to impose rules on what the visitors can and cannot do while visiting the website.
If you are the owner of a physical store, you may require the visitors to take off any helmets or sunglasses when they enter, and/or present their bags for inspection when they exit. These are rules, or conditions of entry.
Similarly, you may require your website visitors to be over certain age, only use certain devices/software for accessing the website, not to engage any robots/scrappers etc.
As soon as a contract between you and the visitor is formed, the relevant parts of the ToS may well be terms of the contract. For example, if visitors buy something in your store/on your website, the clauses re shipping, returns/refunds and warranty will be such terms.
answered Mar 8 at 3:29
GreendrakeGreendrake
3,59211125
shouldn't the company separate it's rules from it's contracts with the user because if the company breaches their own contract couldn't they void their rules?
– StephanS
Mar 8 at 3:38
2
@StephanS Contract terms are not voided when the contract is breached. Rather, they are used by courts to work out damages. And certainly rules that have nothing to do with the contract are not affected. Separating rules and terms would be nice but is not legally required.
– Greendrake
Mar 8 at 4:00
add a comment |
A website's Terms of Service can be or include either or both rules and terms of contract. Which part is what depends on the circumstances and whether there is a contract at all.
Like in case of any physical venue where the owner is free to impose rules on anyone wishing to visit the venue, a website owner is free to impose rules on what the visitors can and cannot do while visiting the website.
If you are the owner of a physical store, you may require the visitors to take off any helmets or sunglasses when they enter, and/or present their bags for inspection when they exit. These are rules, or conditions of entry.
Similarly, you may require your website visitors to be over certain age, only use certain devices/software for accessing the website, not to engage any robots/scrappers etc.
As soon as a contract between you and the visitor is formed, the relevant parts of the ToS may well be terms of the contract. For example, if visitors buy something in your store/on your website, the clauses re shipping, returns/refunds and warranty will be such terms.
answered Mar 8 at 3:29
GreendrakeGreendrake
3,59211125
A website's Terms of Service can be or include either or both rules and terms of contract. Which part is what depends on the circumstances and whether there is a contract at all.
Like in case of any physical venue where the owner is free to impose rules on anyone wishing to visit the venue, a website owner is free to impose rules on what the visitors can and cannot do while visiting the website.
If you are the owner of a physical store, you may require the visitors to take off any helmets or sunglasses when they enter, and/or present their bags for inspection when they exit. These are rules, or conditions of entry.
Similarly, you may require your website visitors to be over certain age, only use certain devices/software for accessing the website, not to engage any robots/scrappers etc.
As soon as a contract between you and the visitor is formed, the relevant parts of the ToS may well be terms of the contract. For example, if visitors buy something in your store/on your website, the clauses re shipping, returns/refunds and warranty will be such terms.
answered Mar 8 at 3:29
GreendrakeGreendrake
3,59211125
answered Mar 8 at 3:29
GreendrakeGreendrake
3,59211125
answered Mar 8 at 3:29
GreendrakeGreendrake
3,59211125
answered Mar 8 at 3:29
GreendrakeGreendrake
3,59211125
3,59211125
shouldn't the company separate it's rules from it's contracts with the user because if the company breaches their own contract couldn't they void their rules?
– StephanS
Mar 8 at 3:38
2
@StephanS Contract terms are not voided when the contract is breached. Rather, they are used by courts to work out damages. And certainly rules that have nothing to do with the contract are not affected. Separating rules and terms would be nice but is not legally required.
– Greendrake
Mar 8 at 4:00
add a comment |
shouldn't the company separate it's rules from it's contracts with the user because if the company breaches their own contract couldn't they void their rules?
– StephanS
Mar 8 at 3:38
2
@StephanS Contract terms are not voided when the contract is breached. Rather, they are used by courts to work out damages. And certainly rules that have nothing to do with the contract are not affected. Separating rules and terms would be nice but is not legally required.
– Greendrake
Mar 8 at 4:00
shouldn't the company separate it's rules from it's contracts with the user because if the company breaches their own contract couldn't they void their rules?
– StephanS
Mar 8 at 3:38
shouldn't the company separate it's rules from it's contracts with the user because if the company breaches their own contract couldn't they void their rules?
– StephanS
Mar 8 at 3:38
2
2
@StephanS Contract terms are not voided when the contract is breached. Rather, they are used by courts to work out damages. And certainly rules that have nothing to do with the contract are not affected. Separating rules and terms would be nice but is not legally required.
– Greendrake
Mar 8 at 4:00
@StephanS Contract terms are not voided when the contract is breached. Rather, they are used by courts to work out damages. And certainly rules that have nothing to do with the contract are not affected. Separating rules and terms would be nice but is not legally required.
– Greendrake
Mar 8 at 4:00
add a comment |
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Marriage is not a contract - you should find a better example
– Dale M
Mar 8 at 3:21
This question presents a false dichotomy. Something can be both a contract and the enforceable rules for use, or it can be neither a contract nor legally enforceable rules.
– Nij
Mar 8 at 3:26
Wait marriage is a contract
– StephanS
Mar 8 at 3:31
@Nij All contracts are considered agreements, but not all agreements are contracts. Contracts are a legal relationship between two parties and is legally binding; a rules of service is an agreement between a service provider and a user which is not legally binding. I don't agree that a TOS can be both legally binding and at the same time not legally binding.
– StephanS
Mar 8 at 3:50
1
@ Dale M while I agree it isn't the best example, much legal analysis of marriage refers to "the marriage contract".
– David Siegel
Mar 8 at 3:51