Jocelyn Mackie - Page 2

Former civil litigation attorney. Content legal strategist at TermsFeed.

Illinois Right to Know Act

Note: The Right to Know Act died in January of 2023 In March 2017, the U.S. Congress voted to remove broadband privacy rules which would have gone into effect later that year. The president confirmed the repeal, which ended efforts to pass federal privacy protection law. After that, states became interested in...

Does Copying or Adapting Another's Terms & Conditions Violate Copyright Law?

Directly copying a Terms & Conditions agreement (T&C) exposes your company to legal risks in a few ways. First, copying an agreement word-for-word is likely a violation of copyright law. Secondly, even if you borrow an agreement from a competitor in your industry, it is likely that differences in location,...

Are Disclaimers Legally Binding?

There is some dispute over whether disclaimers are legally binding. Much of this arises from the way they are presented. Disclaimers are often not treated like contracts or legal agreements which makes them more difficult to enforce if you face legal issues. You can improve this situation by treating your Disclaimers...

Clickwrap in the EU

As more privacy laws require affirmative consent from users, clickwrap becomes more and more essential. Unlike the passive acceptance long advanced by browsewrap, clickwrap provides certainty when it comes to ensuring users accept your online terms. This is especially true if your company operates within the EU. You risk substantial fines...

YouTube Disclaimers and How to Draft Them

If you publish YouTube videos, you may need to include some specific disclaimers in your videos or the video description. Not using disclaimers on your videos can potentially lead to legal issues. This is because people take videos just as seriously or even more seriously than they take articles and...

"As Is" and "As Available" in Online Agreements

"As Is" and "As Available" are contract traditions that eventually extended into the sale of digital products. While they are not required contract language, they act as clarifying statements because consumers are accustomed to them. Not every website or app developers include these clauses, but they are helpful in emphasizing your...