Forum Selection Clause in “Submerged” Terms of Service Presumptively Unenforceable — Hoffman v. Supplements Togo

…clicking “I Agree”) with “browsewrap agreements, where the users ostensibly agree with online terms merely by browsing. The agreement in this case can be characterized as a browsewrap. Here, the…

Anti-Scraping Lawsuit Largely Gutted–Cvent v. Eventbrite

“browsewrap” instead of a “clickwrap” and concludes (as it should) that “plaintiff has not pled sufficient facts to plausibly establish that defendants Eventbrite and Foley were on actual or constructive…

Google AdWords Litigation Keeps Rolling In–Parts Geek v. US Auto Parts

…be at best a very obscure “browsewrap.” The CFAA is more tolerant of obscure disclosures than contract law is, and this CFAA claim is hardly unusual, but I’m nonetheless troubled…

Q3 2009 Quick Links, Part 4

…policies. * Hines v. Overstock.com, Inc., 2009 U.S. Dist. LEXIS 81204 (E.D.N.Y. Sept. 4, 2009). Browsewrap terms aren’t enforceable “because the website did not prompt her to review the Terms…

Lori Drew Criminal Case Ends With a Whimper

…22: As a “visitor” to the MySpace website and being initially limited to the public areas of the site, one is bound by MySpace’s browsewrap agreement. If one wishes further…

Q1 2009 Quick Links, Part 4

…Cal. Feb. 25, 2009). Citing the RMG case, the court says that merely visiting a site may be sufficient to bind visitors to a browsewrap. However, in this case, there…

August 2008 Quick Links, Part 2

…For example, it could support a conclusion that browsewrap-style “contracts”/terms of use should be enforceable as conditions on the accessing of copyrighted web pages. See, e.g., Ticketmaster v. RMG. *…

Ticketmaster Wins Big Injunction in Hannah Montana Case, But Did the Public Interest Get Screwed?–Ticketmaster v. RMG

…to browse because Ticketmaster’s “browsewrap” on its home page (which says “Use of this website is subject to express Terms of Use which prohibit commercial use of this site. By…

FTC Says No Undisclosed Adware? In the Matter of Advertising.com

…the document was styled as a EULA, it was presented more like a browsewrap than a clickthrough. Many Cyberlaw lawyers would think that it wasn’t a binding contract at all….

Cairo v. Crossmedia Services

…of action) with offer/acceptance (the apple stand analogy shows this best). Here, the court unhesitatingly applies Register.com without questioning it, suggesting that browsewrap “contracts” may be binding against electronic agents…