CreativeLive Did a Nice Job Presenting Its New Terms Of Use

By October 28, 2016Contracts

CreativeLive rolled out some new apps this week and, with them, some updated terms of use. It is a good idea to have terms of use that are consistent with your actual product or service offerings.

There are a couple things that I like about how these terms of use are presented. First, I like that CreativeLive put a prominent notice on its home page that will not go away until you click to acknowledge that you are aware of the new terms. Too many companies either do not give notice of new terms or do not make the notice obvious.


I also like how CreativeLive used several “Let’s get real” sidebars that summarize some of the legal boilerplate using normal language.


Few users read terms of use, and anything that gives users an understanding of the terms (even an abbreviated understanding) is positive. These sidebars probably will be viewed as part of the agreement. While it is good to make them friendly and accessible, they also should remain consistent with the legal boilerplate. For example, a sidebar states that “We work hard to provide you with an awesome service, but we’re not liable for these various things.” However, a review of the disclaimers and limitations opposite the sidebar reveals that “various things” really means anything imaginable.

Outside of the sidebars, the terms of use are pretty standard. The user-feedback assignment is a smart provision that a lot of companies miss in their terms of use and commercial agreements. CreativeLive obviously went through some effort to make the terms of use understandable, but there is room for improvement. There is no need to use shalls, thereofs, and hereins—even the legal boilerplate should be drafted with words that real people use. There also are some capitalized words that are not defined, which is a good reminder to always have a fresh set of eyes review something before publication.

Bob Muraski is a business attorney based in Bellingham, Washington.


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