The Enforceability Of Facebook's Terms Of Service

Law360, New York (April 18, 2012, 12:48 PM EDT) -- In the recent online contracting case of Fteja v. Facebook Inc., a New York federal court held that a forum selection clause contained in Facebook’s statement of rights and responsibilities (the “terms”) was enforceable because the plaintiff assented to the terms when registering to use Facebook.

The court’s analysis and holding followed the recent trend of de-emphasizing the distinction between “clickwrap” and “browsewrap” agreements and instead focusing on whether the user was provided with actual or constructive notice of the agreement’s terms and conditions. In this...
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