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.”