Freedom of Speech for Web Publishers and Citizen Journalists
Web publishers routinely offer features or information with limited use requirements.
Let's say you support your content by offering a free download of an app you developed to enhance your viewers' online, brand experience. Although you want them to use the app to enjoy your content, you don't want them to modify the app or sell it to other users. So how do you legally protect the fair use of your offering?
Browse-wrap agreements are a double-edged sword for online publishers. Many publishers prefer browse-wrap agreements (versus clickwrap agreements) because they are less intrusive and enable smoother navigation. Many users are intimidated by clickwrap agreements and will simply navigate away from the site rather than taking the step of an additional mouse click. But the problem with browse-wrap agreements is that they are legally vulnerable. Although the courts have determined that browse-wrap terms and policies are enforceable, they closely scrutinize their location to make sure they are featured prominently in the site architecture. Since many publishers use browse-wrap agreements to meet the terms and conditions requirements for Google Adsense, you'll want to make sure your browse-wrapped policies are readily viewable by your site's users.
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