zlacker

Not necessarily. There can be implied consent.

Of course, in that case you can't put surprising terms into the agreement if they are disadvantageous to the user. Courts don't see that a meeting of the minds took place. https://en.wikipedia.org/wiki/Meeting_of_the_minds

>>nabla9+(OP)
Sure, if you’re actually visiting the site. But (at least in the US) didn’t the recent LinkedIn case find that if my scraper pulls public data off your site, the TOS doesn’t apply?

This court decision doesn’t mean “no rules for scrapers”, rather it means “different rules for scrapers, independent of any site-specific TOS”. Or did I misunderstand the decision?

>>cobbzi+ka
Consumer law applies for consumer users and has different protections than other users have.

Web scraper as a consumer use is hard to argue.