browse-wrap
browsewrap
browse wrap license
browsewrap agreement

Web-wrap, click-wrap and browse-wrap are related terms which refer to license agreements in software which is downloaded or used over the internet.

A third model is the so-called "browse-wrap" or "click-wrap" license model that is becoming more and more popular in the form of the Creative Commons licenses: it allows anyone (including the publisher) to reproduce and distribute the work, with some possible restrictions.

Browse-wrap (also Browserwrap or browse-wrap license) is a term used in Internet law to refer to a contract or license agreement covering access to or use of materials on a web site or downloadable product.

The law firm stated that browsewrap agreements have been enforced in other courts.

In a browsewrap agreement, the user must know of the website's terms and conditions in order to accept them.

Following this definition, the court classified the Barnes & Noble terms as a browsewrap agreement.

Browsewrap agreements, conversely, required no consent checkbox.

It also suggests that businesses that want to continue to use browsewrap agreements should provide a conspicuous link to their agreements, "Front and Center."

This brought the nature of Zappos's terms of use into question and whether the user had actually entered a contract with Zappos under the browsewrap agreement.

In its analysis of whether the arbitration agreement was valid, the court first differentiated between two contracts commonly formed on the Internet - clickwrap and browsewrap agreements.

The court's decision to include a reference to the "courts' traditional reluctance to enforce browsewrap agreements against individual consumers" indicated that this case would particularly impact consumer-facing businesses.

This court decision set a precedent for businesses that use browsewrap agreements and/or include a clause in their agreements that allow them to change the agreements at any time.

Instead, for browsewrap agreements the terms needed only be posted via a hyperlink at the bottom of the page and the user would consent to the agreement by using the website.

Browsewrap agreements such as this are created when the user does not have to click a button or check a box to indicate that they have accepted the terms of service for a particular website.

The difference between a clickwrap agreement and a browsewrap agreement is that in a browsewrap agreement, the visitor to a site accepts the terms of service simply by visiting the website.

Grp., LLC, the court explained that the crucial factor in determining whether a browsewrap agreement was valid was whether the user was given actual notice or constructive notice of the website's terms and conditions.