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Dropbox Developer Terms and Conditions

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Re: Dropbox Developer Terms and Conditions

#7

Post by QAPereo »

Binding arbitration is societal and legal poison, and must be killed. I strongly encourage everyone in the mean time, to opt out ASAP!

Edit: At least you’ll be in court, or part of class action, rather than stuck in their arbitration system!

For example they can use it to argue that sending an opt-out mails indicates that you have read the clause. It also indicates that you have read the TOS in general. It also indicates that you agreed to the rest of the TOS. Etc etc.

Edit 2: It doesn’t, it implies that you read this thread, or their announcement.

Re: Dropbox Developer Terms and Conditions

#8

Post by eganist »

Lawyers willing to opine:

> 14.5. NO CLASS ACTIONS. Developer may only resolve disputes with Dropbox on an individual basis and will not bring a claim in a class, consolidated or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not allowed.

Is this exact thing what's being considered in some of the more recent Supreme Court cases? https://www.npr.org/2017/10/06/555862822/no-class-action-sup...

Re: Dropbox Developer Terms and Conditions

#10

Post by stickydink »

brndnmtthws wrote: post #2

Given that nobody reads these things anyway, how enforceable are they? People just click 'Accept' and continue doing whatever they want.

Very enforceable. You clicked accept, you accepted. If you didn't read it, that's on you.

According to the American Bar Association's wording on "Best Practices for Ensuring Enforceability" [0]

> There is a check-box that users must click adjacent to an affirmation similar to, “By clicking on the box, you are indicating that you have read and agree to the Terms of Use”;

> The webpage is designed so that if the user does not check the box manifesting assent to the terms, the user cannot proceed in the transaction;

> In addition to a check-box that users must click, the terms of use are available either in a nearby scrolling text box or a nearby hyperlink;

> Any hyperlink of the terms is obvious, e.g., “Terms of Use” is underlined and has decent size lettering and visible coloring (not small lettering and not obfuscatory coloring);

> Any hyperlink of the terms has a central or obvious location on the webpage, e.g., the hyperlink is directly below the “I Agree” button (not relegated to the bottom of the webpage, which would require the user to scroll down to a submerged portion of the webpage);

> Any hyperlink of the terms immediately displays the terms (instead of requiring the user to click on a series of hyperlinks to view the terms);

> The terms of use are evident in every webpage on the website (rather than visible on only one webpage), in addition to requiring users to attest that they have read the terms of use;

> The terms are in readable font (at least 12 point); and

> The agreement contains all requisite elements of an enforceable contract (e.g., consideration, sufficiently definite material terms, etc.).58

[0] https://www.americanbar.org/publications/communications_lawy...

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