“The problem lies in whether Plaintiffs had clear notice that by clicking the ‘Sign up now’ button, they were expressing agreement to CuriosityStream’s Terms of Use. The hyperlinked sentence referring to Terms of Use states only, ‘By subscribing to Curiosity Stream, you agree that you’ve read our Terms of Use and Privacy Policy,'” Judge Stephanie A. Gallagher held. “Nothing in that sentence expresses an agreement to the Terms of Use or Privacy Policy themselves, simply an agreement that they were read.”


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