‘Twitter’s New Liquidated Damages Clause’

We recently posted about Twitter’s venue clause in its latest Terms of Service (ToS), which went live on November 15th and can be found here. There is another aspect to the new ToS that has gained some notoriety. It is Twitter’s new liquidated damages provision, which provides as follows: ‘Liquidated Damages: Protecting our users’ data and our system resources is important to us. You further agree that, to the extent permitted by applicable law, if you violate the Terms, or you induce or facilitate others to do so, in addition to all other legal remedies available to us …’ … (more)

[Jeremy Telman, ContractsProf Blog, 27 November 2024]

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