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· 2/22/2016

Moxey v. Pryor

Citations

  • 634 F. App'x 52

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a terms and conditions hyperlink was sufficient for constructive notice where the hyperlink was directly next to the signup button
  • concluding that Plaintiff, an active user of Facebook, assented to the Facebook Terms of Use, and thus to the forum selection clause therein
  • holding that “[a]s a matter of logic” plaintiff must have accepted Facebook’s terms of service, even if she does not remember, because putative users cannot become users without accepting the terms of service
  • concluding that because plaintiff was “informed of the consequences of his assenting click and he was shown, immediately below, where to click to understand those consequences,” defendant’s Terms of Use were “reasonably communicated”
  • holding that the terms of an agreement were reasonably communicated where a user was instructed to click a link, but not required to do so, in order to create an account
  • holding that, “[a]s a matter of logic,” plaintiff must have accepted Facebook’s terms of service, even if she does not remember doing so, because putative users cannot become users without accepting the terms of service

Source: CourtListener parenthetical corpus (CC0).

Judges: Chin, Droney, Jacobs

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Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.