Earlier quoted context omitted.
>How can TOS have legal power for the case scraping? A website is a public property. If I'm visiting it without logging in, I don't have a chance to accept TOS. This is called "clickwrap". There is usually a notice in the footer of each page that says something like "By using this site, you agree to our Terms of Service." Typically, this kind of notice has been held enforceable. More recently, judges have been demand…
"Clickwrap" refers to situations where you have to click through before using the service, hence the name. Agreements which are simply a passive notice in a footer somewhere are called "browse-wrap", and are much less likely to be considered enforceable: https://en.m.wikipedia.org/wiki/Browse_wrap
Even if we entertain a distinction between browsewrap and clickwrap, browsewrap is generally enforceable, especially after minor modifications to placement and/or font size.