by Jeff O'Brien

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When I click “I Agree” on a website in order to access the website, is that a legally binding agreement?

Answer:

Many websites, particularly social media sites, now use some sort of “terms of use” on their site that require a prospective site user to agree to their terms as a condition of gaining access to the site.  These types of agreements are, in fact, often enforceable.  That is why it is so important to read and understand the terms and conditions contained in such agreements before clicking “I Agree.”  A recent example of the potential pitfalls of clicking without reading is related to one of the newest social media sites, Pinterest (www.pinterest.com).  Pinterest is a social media site which allows users to “pin” photos and links to a Pinterest profile.  The site’s terms of use require users to have express permission from the copyright owner before posting photos or writings and passes all liability – and potential legal costs – for improper pinning on the users themselves.  Other sites have their share of surprising terms as well. YouTube has an indemnification provision similar to Pinterest.  Facebook’s “Statement of Rights and Responsibilities” includes a dispute resolution clause which requires all disputes to be heard in the courts of Santa Clara County, California.  Microsoft’s online gaming service Xbox Live contains a provision in its terms of service which prohibits class action lawsuits against Microsoft.  It is important to be aware of any terms of use or potential liabilities involving your favorite web site or social media site before clicking “I Agree.”

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Sweet marketing music

Sweet marketing music

Tanner Montague came to town from Seattle having never owned his own music venue before. He’s a musician himself, so he has a pretty good sense of good music, but he also wandered into a crowded music scene filled with concert venues large and small.But the owner of Green Room thinks he found a void in the market. It’s lacking, he says, in places serving between 200 and 500 people, a sweet spot he thinks could be a draw for both some national acts not quite big enough yet for arena gigs and local acts looking for a launching pad.“I felt that size would do well in the city to offer more options,” he says. “My goal was to A, bring another option for national acts but then, B, have a great spot for local bands to start.”Right or wrong, something seems to be working, he says. He’s got a full calendar of concerts booked out several months. How did he, as a newcomer to the market in an industry filled with competition, get the attention of the local concertgoer?

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Jeff O'Brien