Apps do a lot, but have you read their terms of use?
This past weekend, when I had a few spare moments, I was perusing the terms of use of my Snapchat account.
What, doesn’t everyone do that?
Probably not. But we occasionally should wonder a little more about the legal side of those app-tastic tools.
For instance, I was struck by the open approach at the very top of those terms. In fact, they highlight a binding arbitration provision you may be agreeing to. The ALL-CAPS are theirs:
“ARBITRATION NOTICE: WE WANT TO LET YOU KNOW UP FRONT THAT THESE TERMS CONTAIN AN ARBITRATION CLAUSE A LITTLE LATER ON. EXCEPT FOR CERTAIN TYPES OF DISPUTES MENTIONED IN THAT ARBITRATION CLAUSE, YOU AND SNAPCHAT AGREE THAT DISPUTES BETWEEN US WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION, AND YOU AND SNAPCHAT WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.”
Charming, in a way—though certainly driven by courts that have looked askance at such provisions when they are hidden away, deep down in legalese. But no one who glanced at even the top sentence of Snap’s term could miss that blunt warning.
Turns out, I could have opted out of the requirement of mandatory binding arbitration, simply by sending a letter to that effect to their snail-mail address (within 30 days of these changed terms).
Did I? No, though I considered it simply as a fun exercise (and a second blog post!). I passed on the legal Bartleby moment partly through laziness. But partly also because I’m just conspiracy-theory-amenable enough that I would fear they’d take the six, or eight, or 10 decline-letters they receive every month and “accidentally” close our accounts.
Irrational? I get it. Whatevs.
And apparently, I’m not the only one fascinated by terms of service. Just this morning, the lead question in the ABA Journal’s legal-news quiz focused on PokemonGo’s TofS. So there:
PokemonGo terms of service was a subject in an ABA Journal news quiz this week. Do you know the answer? I did.
Meantime, to add to our social media joy, how many of us are aware that social media clauses in prenuptial agreements are now a thing?
It’s true. Not only might you want to keep grandma’s stocks and grandpa’s bullion out of the hands of your formerly betrothed. Now, you want them to keep their hands off your social media assets.
Romantic, I know.
Read the essay by Jaburg Wilk attorney Jason Castle here. And follow him on Twitter @CastleAzlaw @Jaburg_Wilk
As Jason tells us:
“For example, the clause would address what and how information is shared whether it is positive, negative, insulting, embarrassing or includes flattering photos, images, or other content. I recommend keeping the clause as broad as possible to accommodate the rapidly growing technology because the technology of today will be outdated within 10 years. I also believe prior to marriage it is important for the parties to clearly understand what they each define as private and what is acceptable to be shared with others. Another component of a social media clause can include the ability to monitor the other spouse’s social media activities.”
And that’s even before he gets to the awfulness of revenge porn. I mean, people are the worst.
What new technology–law–love mashups have you come across recently? (And do you also read terms of use of your apps? Please say you do.)
Very scientific Venn diagram catalogs the human condition.
To make the whole thing more legally accessible, I’ve created the Venn diagram above. You’re welcome. (And for all my law school professors who wondered about my legal acumen: Boom!)
Comment below or write to me at arizona.attorney@azbar.org.
AZ Attorney 