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by andrewmutz
2329 days ago
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As an engineer, I agree with what you are saying, but I think normal people and the courts disagree. I think these sorts of contracts are called Adhesion Contracts (https://www.investopedia.com/terms/a/adhesion-contract.asp) and we interact with them all the time. For example, if you valet your car, the valet will hand you a piece of paper with a number printed on it to retrieve your car. On that paper you will find an adhesion contract that is valid and real (although not as powerful as the types of contracts that you sign) |
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A paper served you by the valet is not an immediate contract as you can deny agreeing to it and service does not happen.
You cannot do that with a publicly visible website, unless you show ToS and require agreement before first use. If you allow a non-transferable license then said data cannot be used by a search engine. If it's transferable you just pushed the problem towards scraping a different bot. (Well, you could have a direct agreement with a few major search engines.)
Caveat emptor: not a lawyer.