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Clickwrap Contract Law Case Study Research Paper Essay

Case Study 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)
Note: Your assignment will be returned unmarked if you have not attached a copy of the contract you are referring to and have referenced the relevant clause or paragraph numbers of the contract in your answer.
Structure your answer following the Marking Rubric below.
Marking Rubric
Marking Criteria Mark
1. Attaches a copy of a “clickwrap” contract. /5
2. Locates and quotes a clause or clauses identifying or defining the parties. /5
3. Locates and quotes the relevant clause or clauses relating to disputes under the contract; explains what actions may be taken. /10
4. Provides an opinion about the contract wording and backs it up by quoting a clause that supports it. /20
5. Finds and quotes another clause other than the one referred to previously that they think may be read in two or more different ways (is ambiguous) or is just unclear in its meaning; explains their view. /30
6. Selects the legal principle of interpretation which is most appropriate to apply for this type of “standard form” contract, explains this choice, and provides an interpretation that resolves the meaning of the clause referred to in question 5 in accordance with the principle. /30
Total /100
i prefer using a social media clickwrap agreement

Case Study Sample Content Preview:
Social Media Clickwrap Contract
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Social Media Clickwrap Contract
According to Obar and Oeldorf-Hirsch (2018), a clickwrap contract is some form of agreement or licensing that requires a user to agree to specific terms before using a particular website or making an installation online. A user checks in the box when they agree or accept the conditions of use. The same is often the case when one is registering a social media account. The clickwrap contract I got into is the Terms of Use of Instagram. This paper discusses Instagram's Terms of Use, the parties in the agreement, the legal conditions, as well as the language used in the contract.
The Terms of Use for Instagram provides users with the information they need when using Instagram. Whenever one decides to use this social media platform, the individual has to agree to these conditions. Instagram service falls under the several products that Facebook Inc. offers, meaning the contract, in this case, is between Facebook Inc. and me. As provided for in the contract, "These Terms of Use, therefore, constitute an agreement between you and Facebook, Inc." There are commitments and the policies on data that these parties to the contract have to follow. Instagram services range from Instagram products, technologies, and software that help in advancing the mission of this platform.
If I had a complaint related to the contract or any product offered by Instagram, the agreement provides ways of handling disputes. The laws of the country where I come from would help me when making any claim. When the conflict is related to the Term of Use, I could take the issue to any competent court in my country so long as it has jurisdiction over the matter. As stated, "If you are a consumer, the laws of the country in which you reside will apply to any claim, cause of action, or dispute you have against us that arises out of or relates to these Terms." It further states that, "… and you may resolve your claim in any competent court in that country that has jurisdiction over the claim."
Other ways of handling disputes as provided for in the contract states that "In all other cases, you agree that the claim must be resolved exclusively in the U.S. District Court for the Northern District of California or a state court located in San Mateo County. You submit to the personal jurisdiction of either of these courts to litigate any such claim..."
I believe that this contract employs the most understandable and simple English that anyone can understand. From when the services provided by Instagram to the information on data policy, one can fathom what the contract is all about. The agreement states categorically that the services connect its users to other people and the things that please them. The Terms point out several aspects of their services, ranging from allowing users to create and connect with others. As stated, "So we build systems that try to understand who and what you and others care about, and use that information to help you create, find, join, and share in experiences that matter to you." For cases where one might need further clarity on a given subject, the contract provides its users with...
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