Are EULAs of this complexity legally enforceable? We say not always but not all courts may agree.
Can legislation help? Yes. In particular, one suggestion might involve a uniform EULA form disclosure, akin to the uniform disclosures used for RESPA/TILA disclosures.
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TikTok (coming soon)
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This visual representation maps our effort to review the (first two tiers of) terms/EULAs incorporated by reference in the Facebook EULA. In other words, users would need to review all of these terms/agreements in order to understand how Facebook uses the information they submit as payment for services.
As reviewed on November 15, 2019, these first two tiers of terms alone total over 800,000 words of text, which translates into OVER 65 HOURS of reading at the rate of 200 words a minute.
But, even assuming that a user successfully reviews these terms at time of signup, Facebook asserts its terms to be amendable at any time. This means that users lack certainty about whether any of these incorporated terms have changed since last review.
**NOTE: This map is artificially limited by the capacity of our mapping software. Additional layers of terms exist. We were unable to create a complete map.
This interactive version allows you to follow the thread of various linked contracts and terms from their point of origin in the Facebook EULA:
EULAs of despair
This visual representation maps our effort to review the terms/EULAs incorporated by reference in the Amazon EULA. In other words, users would need to review all of these terms/agreements in order to understand how Amazon uses their information.
As reviewed on June 10, 2021, the first three tiers of terms alone total over 642,000 words of text, which translates into OVER 159 HOURS of reading at the rate of 200 words a minute. Amazon's first tier EULA alone would take about 56 minutes to read at this pace.
But, even assuming that a user successfully reviews these terms at time of signup, Amazon asserts its terms to be unilaterally amendable by it at any time. This means that users lack certainty about whether any of these incorporated terms have changed since last review.
Additionally, we could keep going. We stopped at three rings, but the fourth is already on the map. We could add a fifth, probably a sixth, and so on. Even this visual representation is only the beginning of the full extent of the incorporated terms.