What “clickwrap” contract have you found? Facebook.
Due: After Unit 6
Length: 1200–1500 words
Weight: 10% of final grade
Format: Assignment files should be prepared using MS Word to allow your tutor to insert comments and feedback. If you do not have this software, contact your tutor to discuss whether other arrangements can be accommodated.
Instructions:
This assignment should be done after studying Units 5 and 6 and completing the quizzes for those units.
Find a “clickwrap” contract you have entered into, as defined in the course text. Make a copy, read it carefully, and attach it to your submitted assignment. Next, answer these questions:
What “clickwrap” contract have you found? Attach it. (5 marks)
Who are the parties to the contract? If there is a clause defining this quote it in your answer. (5 marks)
What could you do if you have a complaint related to the contract or the product or if a dispute arises between you and the other party related to the contract? Does the contract mention legal proceedings? If there are clauses concerning these matters, quote them in your answer. (10 marks)
In your opinion, is the contract written in plain English, or does it use legal language that is difficult to understand (“legalese”)? Explain your view, and give an example of clause that supports your answer. (20 marks)
Find a clause in the contract that you think is ambiguous (can be read with two different meanings) or is unclear in its meaning in relation to your rights and responsibilities. Quote it, and explain why you have chosen it. (30 marks)
What legal principle of contractual interpretation as described in the course text is specifically intended to be used for these types of standard form contract? Explain the principle and describe how you would you use it to resolve the ambiguity or uncertainty identified in question 5. Explain your answer, and provide the interpretation you believe should be used. (30 marks)
Clickwrap" Contract
Name Course Instructor Date
1.What “clickwrap” contract have you found? Attach it. (5 marks)
When using a Facebook account to sign up for Instagram, one has to accept that "By signing up, you agree to our Terms & Privacy Policy."
2.Who are the parties to the contract? If there is a clause defining this quote it in your answer. (5 marks)
Instagram reports that the new terms will be effective December 20, 2020, and the last revised terms of use were on April 19, 2018. The Instagram Service is part of Facebook Products, and the agreement is between the users of Instagram and Facebook “When you create an Instagram account or use Instagram, you agree to these terms. The Facebook Terms of Service do not apply to this Service” (Facebook, 2020).3.What could you do if you have a complaint related to the contract or the product or if a dispute arises between you and the other party related to the contract? Does the contract mention legal proceedings? If there are clauses concerning these matters, quote them in your answer. (10 marks)
Instagram users are bound by the terms of service and privacy agreement. Still, if a dispute arises, they can sue or negotiate a separate agreement with the parent company. However, getting a separate agreement is nearly impossible. Alternatively, they can delete their Instagram account and can no longer use that account. Another issue that may arise is surveillance by people using fake accounts. The social media platform’s users are third-party beneficiaries between Instagram and the surveillance, and the third parties can exercise the cause of action. The clauses do not mention legal proceedings, but they also state that they retain some rights such as “we do not claim ownership of your content, but you grant us a license to use it.” However, Instagram further states that laws of a country where users reside are applicable in disputes, claims, or cause of action if they are related to the terms of use. While users can lodge claims in courts, Facebook inc highlights that in case of litigation, the “U.S. District Court for the Northern District of California or a state court located in San Mateo County” (Facebook, 2020).
4.In your opinion, is the contract written in plain English, or does it use legal language that is difficult to understand (“legalese”)? Explain your view, and give an example of clause that supports your answer. (20 marks)
The terms of use are in Instagram are in plain English and spells out the users' legal rights, and obligations and plain English differs from legalese, which is more formal, academic, and obscure that lawyers mostly understand it. Using precise language and breaking the contract into different parts makes it easier to understand the content. Clear and plain language is meant to be understood the first time, and the idea is to avoid verbiage, language structure, and legal jargon that complicate understanding. The legal terms in the social media platform contract are easily understood, and the content is incredibly complex, it's because it's written in a way that makes it easy to understand.
The simple and direct language is easy to understand, such as "you can'...
👀 Other Visitors are Viewing These APA Case Study Samples:
- Mass Media Law: Gertz v. Robert Welch, Inc., 418 U.S. 323 1 page/≈275 words | 2 Sources | APA | Law | Case Study |
- Political Environment Case Study3 pages/≈825 words | 1 Source | APA | Law | Case Study |
- Story about legal claim against business. Law Case Study5 pages/≈1375 words | APA | Law | Case Study |
- Group Discussion - New Jersey Paid Family Leave Law1 page/≈275 words | No Sources | APA | Law | Case Study |
- Case Study – Aviation Security and al Qaeda in Yemen3 pages/≈825 words | 3 Sources | APA | Law | Case Study |
- Statute of Frauds Fritz1 page/≈275 words | 1 Source | APA | Law | Case Study |
- Clickwrap Contract Law Case Study Research Paper Essay5 pages/≈1375 words | APA | Law | Case Study |