Audience Intelligence: Understand your people before your data loses relevance.

There is no shortage of audience data in advertising. Marketers have access to signals from websites, devices, purchases, content consumption and countless other interactions. Every day, more information is collected, analyzed and added to the already complex picture of the people brands are trying to reach. However, more data does not automatically create more understanding. […]

SATELLITE CRASH MERGES CINEMATIC TEXTURES WITH ELECTRONIC PULSE ON NEW SINGLE “CRAVE”

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Satellite Crash transcends the traditional boundaries of electronic dance music with the release of their latest single, “Crave.” The track serves as a haunting exploration of desire, blending rhythmic urgency with a dark, atmospheric production style that demands attention both on the dancefloor and in the headphones. “Crave” marks a significant evolution for the project, […]

MRAK Departs Afterlife Ownership, Official Website Confirms

Big and shocking news for Melodic Techno fans. Anyma and MRAK’s label, Afterlife, recently announced the departure of one of its owners. According to Reddit, a user explained that in Germany, websites are legally obliged to make any website changes public. This led to someone revealing that on August 17th, Carmine Conte, aka MRAK, departed […]

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[WATCH] Armin van Buuren, Argy Share [UNVRS] Ibiza F2F Set

As part of his celebration of 25 years of A State of Trance, legendary trance pioneer Armin van Buuren invited melodic techno visionary, Argy, for an exciting F2F set at the ASOT [UNVRS] Ibiza residency. Fortunately, fans that were unable to attend the show also get to celebrate, thanks to the artists releasing this unique […]

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Beats’ New Modular Headphones Allow Cushion Swaps and Bring a Major ANC Upgrade

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Apple-owned audio brand Beats by Dre has officially launched its newest flagship over-ear headphones, the Beats 360. Priced at $349.99, the headphones introduce a modular design language focused on physical customization, fitness-oriented durability, and enhanced acoustic performance. Positioned directly above the Beats Studio Pro in the brand’s lineup, the Beats 360 marks the company’s first […]

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STMPD RCRDS Unveils Stacked Lineup for 10-Year Anniversary Showcase During ADE 2026

Marking a decade of defining dance music, STMPD RCRDS has officially revealed the artist lineup for its massive 10-year anniversary celebration at AFAS Live during Amsterdam Dance Event (ADE) on Thursday, October 22, 2026. Taking over the iconic venue from 17:00 until 00:00, the ADE special brings together the label’s cornerstone artists, long-time collaborators, and […]

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Fred again.. Expressed Opinions About AI-Generated Music

*Featured Cover Photo Credit: Atlantic Records Fred again.. has recently shared his detailed views on AI-generated music, making it clear that he does not have any interest in this technology. In a thoughtful post, he revealed a note that he had originally written almost a year ago and rediscovered via the Notes app on his […]

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Online Terms and Conditions: Why Presentation Matters

Companies may spend significant time and resources carefully drafting their online terms and conditions, but those terms will not do much good if consumers are not adequately put on notice of them. A recent Ninth Circuit decision provides another reminder that courts will look closely not only at what an online disclosure says but also at how and where it appears.

In Schlueter-Beckner v. SimpliSafe, Inc., consumers filed a putative class action relating to their purchases of SimpliSafe home security systems and monitoring services. SimpliSafe moved to compel arbitration based on its online Terms of Sale and Terms of Service. Consumers encountered those terms at two different points—when purchasing the hardware and when later enrolling in a trial of SimpliSafe’s alarm-monitoring services.

Conspicuous Notice Matters for Online Terms

The Ninth Circuit concluded that SimpliSafe’s hardware checkout did not provide reasonably conspicuous notice of the terms. The court focused on the disclosure’s small font and gray text, its placement on the page, the substantial white space separating it from the “Place order” button, and other aspects of the checkout flow that directed consumers’ attention elsewhere. Importantly, the court did not evaluate the disclosure in isolation. Instead, it considered the design of the transaction as a whole.

The checkout screen at issue is shown below:

Online Contract Formation Depends on Context

The monitoring enrollment flow produced a different—and instructive—result. The court found that the first two webforms did not establish an agreement because the context could lead consumers to believe the disclosure related only to communications. Critically, the court raised a disconnect between the disclosure, which stated that consumers agreed to the terms “[b]y submitting this number,” and the corresponding button, which simply said “Next.”

A later webform presented to one plaintiff, however, was stipulated to have formed an arbitration agreement. The court also held that the Terms of Service clearly and unmistakably delegated questions of arbitrability to the arbitrator through their incorporation of the AAA rules.

Online Terms Require Effective Presentation

Although Schlueter-Beckner is an unpublished and nonprecedential decision, it is another useful reminder that presentation matters. Courts evaluating online terms increasingly look at the entire user experience—including font size and color, placement, white space, competing visual elements, and the relationship between the disclosure and the button or other action that purportedly signifies assent.

Clear Consumer Assent Is the Takeaway

The practical takeaway is straightforward: companies should not assume that a hyperlink to terms somewhere near a checkout or enrollment button is enough. The terms should be conspicuous, the disclosure should clearly explain that the consumer is agreeing to those terms, and—perhaps most importantly—the disclosure should accurately and explicitly identify the action that constitutes assent.

Otherwise, a court could follow the Ninth Circuit’s reasoning and find that no contract was formed if the disclosure says that one action constitutes agreement while the interface asks the consumer to take another.

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