FaceApp's aging clickwrap methods will make their Terms of Use unenforceable

By Brian Powers on Aug 1, 2019 9:09:00 AM

FaceApp has recently skyrocketed to the top of iTunes with over 100 million existing users, driven in large part by celebrities who use the app to post all sorts of AI enhanced images of themselves.  This massive popularity has put the FaceApp’s Terms of Use and Privacy Policy under public scrutiny, with headline after headline criticizing the broad rights FaceApp obtains to use images people upload to the app.  

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How Expedia and other travel sites avoided a class action: What every travel site needs to know

By Brian Powers on Jul 30, 2019 9:09:00 AM

On June 10, 2019, a federal court in Washington dismissed Church v. EXPEDIA INC., a class action lawsuit against Expedia, Hotels.com and other travel sites.

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3 Reasons Your Online Marketplace Needs a Terms of Service

By Gizelle Fletcher on Mar 12, 2019 7:07:00 AM


The Terms of Service (otherwise called the Terms of Use or Terms and Conditions) is the set of agreements that governs the way users interact with your website, mobile app, or online store. This set of guidelines protects the marketplace from liability and protects the user from abuse. Think of it as a strong handshake, but at the beginning of a meeting instead of at the end. In this post, we'll show you 3 reasons why your online marketplace needs a Terms of Service -- and how to make sure it's enforceable.

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Are your website terms of service enforceable?

By Brian Powers on Mar 6, 2019 9:09:00 AM

If you were asked to provide irrefutable proof that a particular user accepted your Terms of Service, would you be able to? Could you tell when or what version? If not, you have a problem.

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5 must add provisions to include in your SaaS Terms of Service

By Brian Powers on Sep 25, 2015 2:32:48 PM

Whether you are selling specialty shoes or have a cool new SaaS product, your startup will need a good terms of service for your website, product, or app.

Your terms of service should be like any other contract you would have with a customer: it should define the business and legal relationship between your company and the customer.

Here are 5 things that any terms of service should have.

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Terms of Service Design No-Nos Part 2: Lack of Recordkeeping

By Eric Prugh on May 1, 2015 6:41:45 AM

This blog post is the second in a three-part series designed for developers on design of your website terms of service, terms of use, and terms & conditions. See part 1 here.

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