It is a common practice for Web site providers who accept submissions of user-generated content to include a license provision in their “Terms of Use” to obtain rights to use the content. Rather than relying on the uncertain scope of an implied license, the provider can clarify, and hopefully

A primary purpose of a Web site’s "Terms of Use" ("ToU") is to reserve to Web site owners the ability to regulate undesirable conduct. But should that ability be extended to third parties? Can users of a site assert that they are third-party beneficiaries of that Web site’s ToU, and invoke the provisions of the ToU against another user of that site? In Jackson v. American Plaza Corp., 2009 U.S. Dist. LEXIS 35847 (S.D.N.Y. Apr. 28, 2009), the district court said that at least in the case of Craigslist, a user could not claim third-party beneficiary status under the Craigslist ToU.