

What’s a Browsewrap? - jakewalker
http://blog.ericgoldman.org/archives/2014/08/whats-a-browsewrap-the-ninth-circuit-sure-doesnt-know-nguyen-v-barnes-noble.htm

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teachingaway
Takeaway: make sure your users click-to-agree on your terms of use.
Referencing them in the fine print somewhere isn't safe.

Professor Goldman often makes this comment: > "there are two types of online
terms: mandatory click-through agreements and everything else, which I’ll call
' _things that aren’t contracts_.'”

Secondary takeaway - you probably want a _mandatory arbitration_ clause in
your terms of service. Discuss it with your lawyer, but arbitration is often
far less expensive and less distracting for a startup (compared to
litigation).

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kalleboo
The future is scary. There isn't the time in the day for anyone to read all
this legalese for every single service they use.

Imagine if you had to read the terms & service of every supermarket you walked
into. Every convenience store.

~~~
pdkl95
Time to invest in a Cherry 2000?

[https://www.youtube.com/watch?v=urS8GmwmeWQ](https://www.youtube.com/watch?v=urS8GmwmeWQ)

(mildly NSFW bad 80s puns)

Despite being insane 80s-post-apocalyptic cheese, Cherry 2000 was quite
visionary in this core plot point: when dating requires two lawyers and to
negotiate the contractual for your "standard one night arrangement", a lot of
people will choose the hassle-free android instead.

From this, we can conclude that teledildontics is probably one of the better
long-term investments. :P

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eitally
I got about halfway through before my eyes glazed over. Anecdotally, this
sentence struck a chord:

"But in the court’s eyes, this is not enough. The court seems to say that
there should be 'something more' drawing the user’s attention to the terms,
such as contrasting text or a warning...."

We were recently advised by external counsel that our privacy policy and safe
harbor links were not adequately visible (they're just plain text at the
bottom of every page), and restyled them accordingly. ymmv.

