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ARTICLE · 07 APRIL 2014

Unilateral Changes To Online Terms: Do They Work?

Field Law
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Consumers wonder what exactly has changed when they are confronted with a new set of online terms, website terms or software license.

CanadaIntellectual Property
Richard Stobbe
Richard Stobbe
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Consumers wonder what exactly has changed when they are confronted with a new set of online terms, in a cloud-based service, website terms or software license. We reviewed this issue in an earlier post, which looked at changes to online terms in the middle of the product lifecycle. Amendments are often introduced due to changes in the law or changes in product functionality.

Instagram amended its terms of use in early 2013. In Rodriguez v. Instagram , CGC-13-532875 (San Francisco Sup. Ct. Feb 28, 2014), a US court reviewed a complaint alleging that Instagram's new terms consituted a breach of good faith and fair dealing. The court noted that: "The New Terms modified the original terms in three allegedly material respects:

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