Do You Think The Agreement Is A Valid Contract?

1411 WordsJan 21, 20176 Pages
Do you think the agreement is a valid contract? When I first read the Snap Inc. Terms of Service (ToS) agreement posted to the Snapchat website, I believed that it is not a valid contract. Upon reviewing the Snapchat website, I noticed that the ToS is way down at the bottom of the webpage. It isn’t even under the tiny “Legal” heading; it is linked on a black bar that looks like a page border. Placing the contract is such an inconspicuous place makes this a “browsewrap” agreement, and pretty much invalidates any legal definition of a contract. It even states in the third paragraph of the ToS agreement that “by using the services, you agree to the Terms,” thereby defining it as a “browsewrap” agreement. Per Contracts for Your Business: A…show more content…
even though the user has not read it)? Whether a visitor assents through clicking an “I Agree” icon or is bound by simply using the site is what defines the type of agreement it is. The former is considered to be a “browsewrap” agreement, and the latter is considered to be a “clickwrap” or “clickthrough” agreement. The difference between the two will determine their validity and how effective they will hold up in court. Most courts will consider exactly how the agreement is presented on the website to decide if there has been affirmation of assent by the user. If the company uses a “hard to find” format to post their terms, such as the one on the Snapchat website, most courts will find that those terms are not legally binding (Landy, Mastrobattista, 2008, Ch. 16, sec. 3). However, if the user must click on any kind of agreement icon such as the one clearly marked “AGREE” on the Snapchat app, many courts will find that the parties did indeed enter into a legally binding agreement. What are some of the users’ obligations? The users’ obligations listed within the Snapchat ToS are the usual things asked by almost any social media company that deals with user generated content. Things like not copying, modifying, selling or leasing any of their services, not creating numerous accounts or fictitious account because you’ve been disabled, and not selling or sharing your account or password are normal obligations for social media sites.

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